Repair overstay punishment?

[Robert S.]

Mr. Qu, my little Johnny's other grandfather, Ping's first husband, had been here in Houston for 6 months and when he got ready to go back home to Dalian somehow he had an overstay of one day, Ping says because "the ticket was late, the plane was late," whatever that means. Sorry for asking such a common question, but the shelf-life of my knowledge of visa matters expired many years ago. When the Big Q came back the other day he got nailed at the airport and they only gave him a one month visa instead of the normal six he should have received.

 

Please help and tell if there is anything that can be done about this.

[dnoblett]

1 day overstay is not an issue, as long as properly turned in the I-94 at airport it probably would have no effect.

 

A 6 months to 1 year overstay would result in a 3 year bar, if overstay is more than a year the bar is longer, overstay less than 6 month has no bar on future visits.

[Randy W]

The overstay IS an issue - he only got a one month length of stay. I'm not sure anything can be done at this point. Perhaps he could apply for an extension, but it may not be for longer than a month.

 

Has he considered talking to an immigrations lawyer?

 

Make sure he leaves before the visa expires this time. A pretty nasty little 'gotcha' there.

[dnoblett]

Randy, I dont see where the OP indicate only got a one month stay notation, I have seen the POE allow up to a 6 month stay on a B-2 visa, if they over stay by one day due to a delayed flight, it should not be an issue.

[warpedbored]

Randy, I dont see where the OP indicate only got a one month stay notation, I have seen the POE allow up to a 6 month stay on a B-2 visa, if they over stay by one day due to a delayed flight, it should not be an issue.

 

 

Mr. Qu, my little Johnny's other grandfather, Ping's first husband, had been here in Houston for 6 months and when he got ready to go back home to Dalian somehow he had an overstay of one day, Ping says because "the ticket was late, the plane was late," whatever that means. Sorry for asking such a common question, but the shelf-life of my knowledge of visa matters expired many years ago. When the Big Q came back the other day he got nailed at the airport and they only gave him a one month visa instead of the normal six he should have received.

 

Please help and tell if there is anything that can be done about this.

He did say they only gave him a month. The good news is they let him come back.

[Randy W]

Yes - that IO must have been in a really bad mood. I'm not sure that anything can be done at this point, beyond the extension, leaving the country and re-entering (if he has another entry left), and/or applying for another visa.

[Robert S.]

Okay, so he has got to be sure and leave on time this time and spend the money to go home to China and then apply for another visa. Right?

 

Or, how does he apply for an extension? To whom? What is the name of that application? C'mon, y'all are experts on this stuff!

[Robert S.]

Now Mister Qu is mad at me because I forgot about this post and failed to tell him anything.

[dnoblett]

Okay, so he has got to be sure and leave on time this time and spend the money to go home to China and then apply for another visa. Right?

 

Or, how does he apply for an extension? To whom? What is the name of that application? C'mon, y'all are experts on this stuff!

Extension assumes is not in overstay, the I-94 has to not have expired before filing the I-539 for extension.

 

http://www.uscis.gov/i-539