Overstayed a Tourist Visa by Eleven Days
My girlfriend overstayed her ViSa by 11 days. she returned back to colombia now we do not know how she can get back into the US. Should she try calling the embassy in colombia and ask for forgiveness or come on a plane to Orlando and try to convince the immigration to forgive her and let her back in. Please any information helps.
Re: Overstayed Visa by 11 Days Need Desperate Advice
If she only overstayed her visa by 11 days, it should not trigger a ban. Whether she will be stopped and turned back by immigration depends in part on what is going on. What kind of visa did she overstay on? What kind of visa is she returning on? How long was she at home? What was she doing in the US that was contrary to purpose of her first visa if anything?
Re: Overstayed a Tourist Visa by Eleven Days
By "overstayed a visa" do you mean that she entered on a visa for a defined period of time (e.g. 10 days), and did not return until 11 days after the end of her approved stay (e.g, she stayed for a total of 21 days despite being approved for 10), or do you mean that she entered on a six month visa and stayed for six months and eleven days, despite being approved for only a short visit (e.g., the aforementioned 10 days)?
Re: Overstayed Visa by 11 Days Need Desperate Advice
She is on a tourist visa, she just left 3 days ago (11days after imigration stamp) and wants to return asap. How long should she wait and should she pursue calling the embassy to forgive this overstay?
- - - Updated - - -
She has a ten year Tourist Visa. Her stamp was set for feb 28 she left march 11). Now she is trying to return asap. what should we do?
Re: Overstayed Visa by 11 Days Need Desperate Advice
So she exceeded her authorized stay by 11 days, and wants to return to the U.S. within less than a week of her departure....
She had best obtain lots of documentation showing her ties to her nation of origin -- a lease for her home, bank accounts, ongoing employment, a prepaid return ticket, etc. -- and have it ready in case her plans to return home become an issue when she attempts to enter. She would not volunteer that material, but would have it available if needed. She also has to prepare for the possibility that with her having overstayed and with her returning almost immediately, an immigration officer might exercise his discretion to refuse her entry.
There is nobody she can call at the embassy who can forgive her overstay; and even if there were, it would still be within an immigration officer's discretion to consider her overstay when deciding whether to allow her to again enter the U.S.A.
Re: Overstayed Visa by 11 Days Need Desperate Advice
It is not recommended for even those without illegal presence in the US due to an overstay return as quickly as you indicate she intends to do.
Re: Overstayed Visa by 11 Days Need Desperate Advice
Quote:
Quoting
Mr. Knowitall
So she exceeded her authorized stay by 11 days, and wants to return to the U.S. within less than a week of her departure....
She had best obtain lots of documentation showing her ties to her nation of origin -- a lease for her home, bank accounts, ongoing employment, a prepaid return ticket, etc. -- and have it ready in case her plans to return home become an issue when she attempts to enter. She would not volunteer that material, but would have it available if needed. She also has to prepare for the possibility that with her having overstayed and with her returning almost immediately, an immigration officer might exercise his discretion to refuse her entry.
There is nobody she can call at the embassy who can forgive her overstay; and even if there were, it would still be within an immigration officer's discretion to consider her overstay when deciding whether to allow her to again enter the U.S.A.
thank you for your advice. last question, how long before re entering this country should she wait in colombia so it does not look so suspiscious?
Re: Overstayed Visa by 11 Days Need Desperate Advice
At least twice as long as her visit
Re: Overstayed a Tourist Visa by Eleven Days
Quote:
Quoting
hendrick2375
My girlfriend overstayed her ViSa by 11 days. she returned back to colombia now we do not know how she can get back into the US. Should she try calling the embassy in colombia and ask for forgiveness or come on a plane to Orlando and try to convince the immigration to forgive her and let her back in. Please any information helps.
She absolutely should not attempt to return to the US at the present because her visa is now invalid. Overstaying permission to remain by any amount of time results in an automatic cancellation of one's visa, regardless of how long the visa is otherwise valid for. And appearing at a port of entry without a valid visa or travel authorization will generally result in an Alien being refused entry.
If she wants to return to the United States, she will need to obtain a new visa from the embassy in Bogota or the consulate responsible for her place of residence.
Re: Overstayed a Tourist Visa by Eleven Days
Quote:
Quoting
bloodbath
She absolutely should not attempt to return to the US at the present because her visa
is now invalid. Overstaying permission to remain by any amount of time results in an automatic cancellation of one's visa, regardless of how long the visa is otherwise valid for. And appearing at a port of entry without a valid visa or travel authorization will generally result in an Alien being refused entry.
If she wants to return to the United States, she will need to obtain a new visa from the embassy in Bogota or the consulate responsible for her place of residence.
Thats really bad news, we were told it was up to the discretion of the POE officer, Im afraid she will not be able to get a new VISA due to the fact she is not working.. Any advice on how to get her back, I was told the K1 VISA takes forever & I really did not want to be apart for that long.. Any info helps thanks
Re: Overstayed a Tourist Visa by Eleven Days
If you do not want to be apart, you will need to move to where she is if you are permitted to so so be her country . If you plan to become involved with US immigration processing of a fiance, you should expect delays and problems and be pleasantly surprised when things go well. Otherwise, only become involved with people who have the legal right to live in the US already.
It is really frustrating that you think that your relationship is so special that you should receive special consideration from an agency of the US government which has many other petitions to process for situations more compelling than you not wanting to be apart from your prospective spouse. You will just have to wait your turn; it is best that neither of you does anything to complicate things further.
Re: Overstayed a Tourist Visa by Eleven Days
Now why would you post something so unhelpful? Thanks for absolutely nothing. Your advice isnt worth much.
Re: Overstayed a Tourist Visa by Eleven Days
Just because you do not like the unvarnished truth does not make it bad advice. YOU want special consideration because YOU think YOU are special. When you CHOOSE to act in such a way as to involve an agency of the US government in your life, you should expect problems, delays and frustrations. Learn to live with them. There are many people with more compelling reasons for expedited processing of a visa or green card. You should be grateful for your place in line. Many people will never have the opportunity to receive a green card even with extended family living in the US for nearly 100 years.
YOU are free to go to live with her outside the US while she awaits US immigration processing. That is your best option to avoid separation.