question about B-2 and overstaying (i-94)

[izzi 1]

My mum has visiting visa (B2) that is valid till 2020.

she was authorized to stay till dec 12th (I-94), but due to unforeseen circumstances (complications in the birth of my first child, and the airline being (removed) she missed her flight but is scheduled to fly back on the dec 28th (we had to book another return ticket and the 28th was the earliest), 16days after her authorized stay would have expired.

I want to file a I-539 (extend stay) with proof that the airline screwed up and also the birth cert of my child and the new return date tickets. but I can't file an I-539 since she is already overstayed. i just want to let them know the reason she overstayed, since she still has a valid visa till 2020, i don't want a situation where she visits again (prolly in a year from now) and she gets turned back.

Is it necessary to file this or just let her go back on 28th?

 

Edited December 18, 2018 by Ontarkie
bypassing language filter

[aaron2020 11,651]

Her visa became void once she overstayed.

 

She will have to apply for another B-2.  She can explain at her interview why she overstayed.

 

Sorry.

Edited December 18, 2018 by aaron2020

[Crazy Cat 42,040]

She has no visa now.  An overstay automatically voided it......As stated above, she must apply for another visa from her country.

[geowrian 22,338]

I concur with both people above: the existing visa is automatically voided. She needs a new visa.

[izzi 1]

ok, so she will have to go apply for a new one if she wants to come back.

she's been visiting the US since the late 80's on average once every 2-3yrs. hope they'll understand

 

thanks for the responses!

Edited December 18, 2018 by izzi

[SusieQQQ 11,587]

34 minutes ago, izzi said:

ok, so she will have to go apply for a new one if she wants to come back.

she's been visiting the US since the late 80's on average once every 2-3yrs. hope they'll understand

 

thanks for the responses!

They may be understanding, but just FYI “the airline screwing up” isn’t a reason for overstay. Travelers are expected to plan taking possible delays into account. And I’m not sure the birth certificate will help as unless the baby was born exceptionally late, she would have roughly known by when to leave the country after the birth. I don’t mean to sound unsympathetic, and I’m sorry for the complications you had and totally understand you wanted your mom there - but the consulate may take the view that she should at least have filed for extension before the overstay. Getting a new visa is not a foregone conclusion. Her past history of many visits and leaving on time will hopefully help, though. Good luck.

[Boiler 45,923]

She will need a new visa is she wishes to re visit, B2's are usually admitted for 6 months max.

[geowrian 22,338]

How long did she stay in the US? How long has she done so in the past visits?

Edited December 18, 2018 by geowrian

[Boiler 45,923]

Sounds like long enough this year to be tax resident.

[izzi 1]

2 hours ago, SusieQQQ said:

They may be understanding, but just FYI “the airline screwing up” isn’t a reason for overstay. Travelers are expected to plan taking possible delays into account. And I’m not sure the birth certificate will help as unless the baby was born exceptionally late, she would have roughly known by when to leave the country after the birth. I don’t mean to sound unsympathetic, and I’m sorry for the complications you had and totally understand you wanted your mom there - but the consulate may take the view that she should at least have filed for extension before the overstay. Getting a new visa is not a foregone conclusion. Her past history of many visits and leaving on time will hopefully help, though. Good luck.

So when do they good the visa? When she leaves? Or when she re-visits

[izzi 1]

1 hour ago, geowrian said:

How long did she stay in the US? How long has she done so in the past visits?

She always stayed no more than 3-4mths.

Her stay expires on Dec 13th, which is exactly 6mths from when she came I guess 

[izzi 1]

52 minutes ago, Boiler said:

Sounds like long enough this year to be tax resident.

Lol. I know right

 

2 hours ago, Boiler said:

She will need a new visa is she wishes to re visit, B2's are usually admitted for 6 months max.

She has a visa till 2020, so are u saying it will get voided at the airport when she leaves?

[geowrian 22,338]

6 minutes ago, izzi said:

So when do they good the visa? When she leaves? Or when she re-visits

It was automatically voided on the first day of overstay by law (INA).

They may or may not call her to the consulate to mark it as void. Or it could be when she tries to get her boarding passes (on the next flight to enter). Or it would be at CBP when she tries to enter next time.

Regardless of if/when they physically mark it as void, it's no longer valid already.

 

4 minutes ago, izzi said:

She always stayed no more than 3-4mths.

Her stay expires on Dec 13th, which is exactly 6mths from when she came I guess 

Thanks for the info.

For getting a new visa, the big plus is she always returned home.

A decent negative is those are some pretty long stays for a tourist.

She may not want to apply for the visa for at least a year.

Edited December 18, 2018 by geowrian

[SusieQQQ 11,587]

4 minutes ago, izzi said:

So when do they good the visa? When she leaves? Or when she re-visits

Assuming she lives in Nigeria, she will have to make an appointment at her nearest embassy/consulate and apply for a new visa. Her existing visa became invalid the day she overstayed. It’s not stamped on the visa, but it’s in the computer system.

[aaron2020 11,651]

9 hours ago, izzi said:

 

She has a visa till 2020, so are u saying it will get voided at the airport when she leaves?

It was automatically revoked on the day she overstayed.  

 

https://www.avvo.com/legal-answers/is-an-overstay-of-4-days-on-b1-going-to-void-my-vi-1839929.html

 

Jeff L. Khurgel

Posted on Aug 12, 2014

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The day after your I-94 expired your visa was void under 222(g) and you can only apply for a new visa in your home country. If "extraordinary circumstances" circumstances can be proven, you may be allotted an exception to 222(g). With only a four day overstay and proof of medical conditions, this may be doable, however, I would not recommend attempting to enter the US without a detailed discussion with an immigration attorney first...