CBP says she overstayed, error in I-94 and time to renew B2

[HeatGun 8]

Here is what’s happening.

I am a U.S. citizen, and my wife is a GC holder.

My wife’s mom (mother-in-law) had 3 US visas prior, and each time she stayed for about two weeks in the States with us. 

 

On her last trip, I had to leave the country to stay with my ill dad before he passed away. 

 

My Mother-in-law did not want to leave my wife alone, and she stayed at our house in the States. 

She was admitted to stay until Feb 22nd, 2021 (180 days), so she did stay until Feb 22, 2021. 

On Feb 22, while she was waiting at the airport, CBP officers approached her and started questioning why she had overstayed.

She told them that she was admitted until Feb 22, and she is leaving on the 22nd. Though her original return date was Feb23, she changed it to 22nd to comply with the admitted date. 

 

After she explained that she did not overstay and showed CBP officers that she was leaving on her last allowed day, CBP officers took her ten fingerprints and let her go.

Everything happened right at the gate—no CBP room. 

Now, it’s time for visa renewal, and she wonders if this incident can cause any issues. Her visa appointment is next week.

 

My wife is pregnant, and her mom wants to be here for the birth.

 

On the I-94 website, the departure date shows as Feb 23rd, which was the original return ticket date but later changed to the 22nd, which I believe is what triggered CBP to question her.

She has her tickets to prove that she left on Feb 22nd, but i94 shows that she went on Feb 23rd. Any advice? 

Edited November 6, 2022 by HeatGun

[Crazy Cat 42,535]

Take the evidence and explain it just as you did.  That is all she can do.  Good luck.

[PaulaCJohnny 713]

20 minutes ago, HeatGun said:

Here is what’s happening.

I am a U.S. citizen, and my wife is a GC holder.

My wife’s mom (mother-in-law) had 3 US visas prior, and each time she stayed for about two weeks in the States with us. 

 

On her last trip, I had to leave the country to stay with my ill dad before he passed away. 

 

My Mother-in-law did not want to leave my wife alone, and she stayed at our house in the States. 

She was admitted to stay until Feb 22nd, 2021 (180 days), so she did stay until Feb 22, 2021. 

On Feb 22, while she was waiting at the airport, CBP officers approached her and started questioning why she had overstayed.

She told them that she was admitted until Feb 22, and she is leaving on the 22nd. Though her original return date was Feb23, she changed it to 22nd to comply with the admitted date. 

 

After she explained that she did not overstay and showed CBP officers that she was leaving on her last allowed day, CBP officers took her ten fingerprints and let her go.

Everything happened right at the gate—no CBP room. 

Now, it’s time for visa renewal, and she wonders if this incident can cause any issues. Her visa appointment is next week.

 

My wife is pregnant, and her mom wants to be here for the birth.

 

On the I-94 website, the departure date shows as Feb 23rd, which was the original return ticket date but later changed to the 22nd, which I believe is what triggered CBP to question her.

She has her tickets to prove that she left on Feb 22nd, but i94 shows that she went on Feb 23rd. Any advice? 

Lawyer. This is my only advice. I don’t think this is a DIY case.

[Boiler 46,241]

Even if was not an overstay they may well wish to discuse a 6 month visit

[Mike E 11,742]

She should go to https://help.cbp.gov/s/questions?language=en_US to start the process to correct her I-94 record. This link lets her upload files that will prove she left the USA on time.

Edited November 6, 2022 by Mike E

[HeatGun 8]

3 hours ago, Mike E said:

She should go to https://help.cbp.gov/s/questions?language=en_US to start the process to correct her I-94 record. This link lets her upload files that will prove she left the USA on time.

This sounds like a good option. Any idea how long would that take for them to update the record? Her appointment is next week 

[Mike E 11,742]

2 hours ago, HeatGun said:

This sounds like a good option. Any idea how long would that take for them to update the record? Her appointment is next week 

No idea. She should bring evidence she submitted the request to correct the record.

[SusieQQQ 11,587]

and please, don’t let her do this again. If her flight was delayed and she did leave the next day - despite it being out of her hands it is a verified overstay in that situation. She should always plan to leave at least a couple of days before her i94 expires, because stuff happens…weather, technical problems, etc.

 

 

Edited November 7, 2022 by SusieQQQ

[SalishSea 18,196]

10 hours ago, HeatGun said:

Now, it’s time for visa renewal, and she wonders if this incident can cause any issues. Her visa appointment is next week.

 

Even if she gets another visa, she may not get permission to stay for  full six months.

 

Incidentally, if the plan is for her to move here to live, you need to do it properly and petition her for an immigrant visa.

[TBoneTX 46,273]

12 hours ago, HeatGun said:

My wife is pregnant, and her mom wants to be here for the birth.

If Mom is granted the visa, she might be turned away (or questioned heavily) at the port of entry, with accusations of, "You're coming to help with the baby and therefore taking away work from a USC."  Prepare for that possibility.

[Rocio0010 5,671]

17 hours ago, HeatGun said:

She told them that she was admitted until Feb 22, and she is leaving on the 22nd. Though her original return date was Feb23, she changed it to 22nd to comply with the admitted date. 

For any future readers: this is exactly why you should actually leave a few days before your authorized stay expires.

 

17 hours ago, HeatGun said:

Now, it’s time for visa renewal, and she wonders if this incident can cause any issues.

It might or might not. She needs to explain the situation to the officer. And show strong ties to her home country. What are those ties?

 

17 hours ago, HeatGun said:

My wife is pregnant, and her mom wants to be here for the birth.

She also needs to be honest about this. Some officers might construe that as “work”, which is not authorized under a B1/B2

[HeatGun 8]

11 hours ago, SusieQQQ said:

and please, don’t let her do this again. If her flight was delayed and she did leave the next day - despite it being out of her hands it is a verified overstay in that situation. She should always plan to leave at least a couple of days before her i94 expires, because stuff happens…weather, technical problems, etc.

 

 

This is correct

[HeatGun 8]

3 hours ago, Rocio0010 said:

For any future readers: this is exactly why you should actually leave a few days before your authorized stay expires.

 

It might or might not. She needs to explain the situation to the officer. And show strong ties to her home country. What are those ties?

 

She also needs to be honest about this. Some officers might construe that as “work”, which is not authorized under a B1/B2

 

I agree, I am not sure why we arranged her return on the last authorized stay date. Even though she did not overstay, it was risky, and not worth it.

[Pinkrlion 2,724]

You will have to complete an appt. with CBP to fix it.  Did she have an overnight or a layover flight which made it actually the 23rd when she landed?

[HeatGun 8]

4 minutes ago, Pinkrlion said:

You will have to complete an appt. with CBP to fix it.  Did she have an overnight or a layover flight which made it actually the 23rd when she landed?

 

Yes, she did have an overnight flight and landed on the 23rd at her destination, but all her previous flights were recorded correctly. Previous departure dates shown on her i-94 are the same as the departure date, regardless of the arrival date at the destination.