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

[MacUK 983]

2 hours ago, SusieQQQ said:

I think it’s clear from OP’s original post and even later ones that she doesn’t understand how serious an overstay is considered. The fact that they didn’t even bother filing for an extension until after the original i94 expired also indicates that.  I think sometimes the fact that overstays are forgiven for IRs leads to people not comprehending how serious this is for non-immigrants and non-USC family member immigrants.

 

15 minutes ago, WeGuyGal said:

Sad that an overstay could be viewed so casually, esp by IRs. smh 

I don't think many people have any idea about the seriousness of overstays.

 

I never planned to overstay my VWP, things happened that I can't really go into on a public forum that prevented me from leaving. Not trying to excuse myself, it's just the way it happened. I'm still ultimately responsible for my actions and the length of my overstay was 100% my responsibility.

 

But I never could have imagined the consequences, I figured I'd probably have to go to the embassy, apologise, maybe pay a little fine and then everything would be hunky-dory. I never knew how serious it was.

What I would never have expected was that I'd be ineligible for a visa for 10 years, and even now that ban is over I'll probably never be trusted enough to be approved for a tourist visa.

It really should be more publicly talked about, for all countries but more especially the USA. 

Tourist overstays are no trivial thing, personally it means I haven't seen my children in over a decade. If I could go back to give my 25 year old self any advice it would be to get on the sodding plane long before my VWP time ran out.

[Boiler 45,516]

Just to make clear, seems that no ban would apply in this case,  the need for a new visa may be a challenge.

[SusieQQQ 11,586]

6 hours ago, Boiler said:

Just to make clear, seems that no ban would apply in this case,  the need for a new visa may be a challenge.

^ assuming mother leaves before her overstay reaches 180 days. 

 

[Visitor User 253]

I thought the ban only applies only if you leave USA.

[SusieQQQ 11,586]

2 hours ago, Visitor User said:

I thought the ban only applies only if you leave USA.

Well, if you stay you’re illegal, and then if you get ordered deported it’s a permanent ban. 

[Visitor User 253]

5 hours ago, SusieQQQ said:

Well, if you stay you’re illegal, and then if you get ordered deported it’s a permanent ban. 

You mean the 3/10 year ban?

[aaron2020 11,651]

If the mother leaves at the end of December, then she only overstayed a few weeks and has no ban.

 

The 3 years ban would apply after she leaves the US AND has overstayed for more than 180 days.

 

The 10 years ban would apply after she leaves the US AND has overstayed for more than 1 year.

 

There is no ban while the person is overstaying inside the US.

[SusieQQQ 11,586]

 

2 hours ago, aaron2020 said:

If the mother leaves at the end of December, then she only overstayed a few weeks and has no ban.

 

The 3 years ban would apply after she leaves the US AND has overstayed for more than 180 days.

 

The 10 years ban would apply after she leaves the US AND has overstayed for more than 1 year.

 

There is no ban while the person is overstaying inside the US.

I suspect this will all be academic as she’s unlikely imo to get a new visa, ban or no ban. 

[Visitor User 253]

3 hours ago, SusieQQQ said:

 

I suspect this will all be academic as she’s unlikely imo to get a new visa, ban or no ban. 

You mean not getting a non immigrant Visa?

[SusieQQQ 11,586]

1 hour ago, Visitor User said:

You mean not getting a non immigrant Visa?

Yes. OP claims mother has no interest in a green card due to running a business back home but wants to visit again, so what else would I mean?

Edited December 20, 2018 by SusieQQQ