Unfortunate Overstay on Tourist Visa Due to Covid19

[Lucky2Lucky 2,526]

Just now, SusieQQQ said:

His B visa is already voided, on day 1 of his overstay.

Thank you! That sucks then; but I understand. @gsdc23 he probably will have a difficult time obtaining a tourist visa in the future from PAP.

[Mimicherie 142]

3 minutes ago, Luckycuds said:

When his B1/B2 expires and it comes time to renew in my opinion it would negatively affect him regardless of the reason especially since were flying to Haiti until March 30.

Can you clarify this for me? They were allowing flights out of Haiti until March 30th? 

[SusieQQQ 11,586]

2 minutes ago, SusieQQQ said:

His B visa is already voided, on day 1 of his overstay.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date.html

It is important to note that there are circumstances which can serve to void or cancel the period of visa validity. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless;

-You have filed an application in a timely manner for an extension of stay or a change of status;

-That application is pending and not frivolous;

[Lucky2Lucky 2,526]

3 minutes ago, gsdc23 said:

Can you clarify this for me? They were allowing flights out of Haiti until March 30th? 

I was wrong on the B1.B2 part so please disregard that. 

 

Yes, Haiti did not close their airport until March 30. https://ht.usembassy.gov/covid-19-information/ I am unsure if they did any repatriate flights from USA (I doubt it) but that could have been an option if they did. 

 

There have been many repatriation flights getting US citizens/residents out of the country but that doesn't apply to your friend. 

 

PAP is opening tomorrow. (which in my opinion is stupid its just going to help continue the spread of the virus)

Edited June 29, 2020 by Luckycuds

[geowrian 22,337]

10 minutes ago, gsdc23 said:

So if he leaves before the 180 days that means no ban? He would just have to apply for another visa and fill out a waiver alongside of it to explain his overstay? 

Unfortunately he did not have any travel insurance. For those coming out of Haiti, I’m not even sure they’re aware that this is an option for them. 

No ban if he leaves before 180 days of overstay. No ban = no waiver required. But I would expect the CO at the interview to ask why he overstayed - that's when he would explain it.

Ouch

[SusieQQQ 11,586]

7 minutes ago, gsdc23 said:

Im pretty sure he probably had someone purchase his ticket for him since Haiti isn’t really on credit card level as of yet. If this air ticket insurance meant that he had to pay more money for his plane ticket, I’m pretty sure he did not include it. He flew with Spirit airlines and I’ve heard horrible things about that airline, yet people fly with them anyway because of their cheap airfare, so I’m assuming he didn’t add any travel insurance to his ticket, but I will confirm. 

Credit card insurance is automatically included if it’s provided (some have expanded policies you can pay extra for). I have in the past been able to use these policies as acceptable proof of whatever the schengen visa requirement was - and it helped pay for my US hospital stay (my normal private medical insurance paid the rest as it had a clause that covered foreign trips). But yes if someone else bought the ticket for him I don’t think he’s covered, I think it has to be cardholder and family members on same itinerary. 

Edited June 29, 2020 by SusieQQQ

[Mimicherie 142]

4 minutes ago, Luckycuds said:

I was wrong on the B1.B2 part so please disregard that. 

 

Yes, Haiti did not close their airport until March 30. https://ht.usembassy.gov/covid-19-information/ I am unsure if they did any repatriate flights from USA (I doubt it) but that could have been an option if they did. 

 

There have been many repatriation flights getting US citizens/residents out of the country but that doesn't apply to your friend. 

 

PAP is opening tomorrow. (which in my opinion is stupid its just going to help continue the spread of the virus)

Thank you for the clarification. I’m guessing the March date since he said the 2nd week of March but then again he just came out of a week long coma so he probably doesn’t even really remember. All I know is he couldn’t fly out, they canceled his flight due to the ban. It does suck because Haiti already has a slim to none chance of providing tourist visas to Haitian citizens so I can already foresee him having an issue trying to obtain another one. 

[Mimicherie 142]

1 hour ago, Jorgedig said:

He could have applied for more time before his I-94 expired.

Not sure if he did this. I doubt it since he speaks little to no English and wouldn’t know where to begin to search for this specific resource. I’m not too savvy on tourist visas, but I wish this is something his family was aware of earlier.

[Ontarkie 14,218]

He came on a B visa and you say he has been here for 5 months check the date on his visa to see when he actually needed to leave. His flight back home was at the 3 month mark but normally B visitors are giving 6  months. If he did get 6 months than he only needs to worry about the medical bills and getting his butt home before that date in the visa. Check that date ASAP.

[Allaboutwaiting 2,503]

Agreed with @Ontarkie. Get him check the stamp on his passport to see the exact date of expiration for the I-94.

[Mimicherie 142]

22 minutes ago, Ontarkie said:

He came on a B visa and you say he has been here for 5 months check the date on his visa to see when he actually needed to leave. His flight back home was at the 3 month mark but normally B visitors are giving 6  months. If he did get 6 months than he only needs to worry about the medical bills and getting his butt home before that date in the visa. Check that date ASAP.

 

8 minutes ago, Allaboutwaiting said:

Agreed with @Ontarkie. Get him check the stamp on his passport to see the exact date of expiration for the I-94.

 I’ll double check the details of his visa and I am

hoping this is the case!

 

Thank you everyone for all of your responses! It was all very helpful. I’m very thankful for the VJ community. I’ll be sure to circle back with any questions that arise as I confirm some things. 

[JeanneAdil 6,498]

Best thing you can do is help him get the documents he needs to prove all this happened (for his waiver to be valid)

he should have flown out the 17th as planned as travel was not banned yet and he was not in hospital till June?   he will need to prove more that that surgery/  he will need to show he was ill and could not travel as planned

I flew back into the US on the 17th from France

 

On March 19, the State Department issued a Level 4 “do not travel” advisory, recommending that United States citizens avoid any global travel.

and that was for USC's :  foreigners could return home 

[Mimicherie 142]

4 minutes ago, JeanneAdil said:

Best thing you can do is help him get the documents he needs to prove all this happened (for his waiver to be valid)

he should have flown out the 17th as planned as travel was not banned yet and he was not in hospital till June?   he will need to prove more that that surgery/  he will need to show he was ill and could not travel as planned

I flew back into the US on the 17th from France

 

On March 19, the State Department issued a Level 4 “do not travel” advisory, recommending that United States citizens avoid any global travel.

and that was for USC's :  foreigners could return home 

Thank you for all of this information. I’m not 100% sure his fly back date was the 17th. It could’ve been after the 30th since he wasn’t entirely himself when I was inquiring about the details of his itinerary.  He had his tourist visa for over 4 years and would never dare overstay. I’m sure he wouldn’t have stayed if he had the option to return home and be in compliance. 

[Boiler 45,479]

Issue will arise when he seeks to renew his visa, they will probably ask for confirmation that he settled his medical bills.

 

Normal to buy Insurance when you buy your ticket, cheap compared to the cost of a flight.

[Timona 4,207]

2 hours ago, SusieQQQ said:

Did he buy his air ticket on a credit card? There may be some medical insurance on that if he did, though it’s unlikely to fully cover it.
 

 

Sorry @SusieQQQ I still don't understand this. I know it's off topic,  but would appreciate if you explain how buying ticket on CC may sometimes give you insurance. 

 

I've read your follow up posts but still drawing blank😳