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Results 1 to 7 of 7

Thread: help needed

  1. #1
    Hi, I have a question relating to reporting overstays,,,,I have a friend who has overstayed her visitors visa, she thinks that maybe she has been reported for this, my question is can anyone please share their experiences of being in this position. I am worrried this lady who is middle aged and timid my end up in detention of some form. Can anyone say whether this would be the case or will they just send her what is known as a run letter and allow her to leave the country voluntarily. I am worried for this lady and would like to help if I can

  2. #2
    Hi, I have a question relating to reporting overstays,,,,I have a friend who has overstayed her visitors visa, she thinks that maybe she has been reported for this, my question is can anyone please share their experiences of being in this position. I am worrried this lady who is middle aged and timid my end up in detention of some form. Can anyone say whether this would be the case or will they just send her what is known as a run letter and allow her to leave the country voluntarily. I am worried for this lady and would like to help if I can

  3. #3
    The BCIS doesn't usually hunt down people who overstay their visas. They're too busy chasing terrorists and criminals. The bigger problem will come when she wants to leave and later enter the country again. Anyone who overstays more than 180 days is subject to a three-year bar (meaning he/she will not be allowed back into the states for three years after leaving). Anyone who overstays more than 365 days is subject to a ten-year bar.

    So, not knowing what kind of a visa she has or why she's here, I'd say the best advice is for her to leave the country before she's incurred 180 days of overstay. Then she will have the opportunity to re-enter without having the ban, subject of course to her ability to renew/reapply for whatever kind of visa she has.

    All this is just knowledge from my personal experience/research about immigration stuff, so take it for what it's worth.... good luck!

  4. #4
    Esperanza's comments are all right.

    One more concern for your friend in overstay: because she has overstayed her visa, in the future, she will be required to apply for a visa in her home country. This can be a problem if she wants to just go to Canada, get a visa and return. (I believe this is Sec. 222(g), but I'm not positive of the code section.)

    If she has less than 180 days of overstay, she should leave the US now, before the bars can attach.

  5. #5
    Thank you for your advice, its much appreciated,I just have one question for lawgal, you mentioned going to Canada and getting a visa, are you saying that she could re-enter and renew her visa there without having to return to her home country? She has already passed the 180 day limit, so she is going to incurr a ban of some sort, I believe she is only weeks away from a one year overstay

  6. #6
    You misunderstood me: since your friend has overstayed in the U.S., she MUST apply for a new visa in her home country, she is barred from getting a visa in a 3rd country. I mentioned this because many people mistakenly believe that if they leave the US, they can go to any US consulate to get a new visa. If you have overstayed, you have to go to your home country consulate.

    It's unfortunate that your friend has passed the 180 day mark, but it sounds like she should leave before she has one year of overstay, and becomes subject to the 10 year bar.

  7. #7
    Cornflower


    Did your nice lady not meet a nice man here in all the time that she is here to fall in love with and marry? This way she could stay here to adjust status and be eligible for green card. Just a thought.

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