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  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Default Reentry on a Visa After Prior Overstay

    I would like to check with you, one of the issue my friend is facing. He entered into US Legally but overstayed around 10 months and left to the origin country with out giving I-94 departure card to the flight reps.

    I understand about the consequences ( 3yrs bar) and void visa. He said he talked to the lawyers and confirmed that if he comes back to the US after 3yrs by using the same VISA he could be enter to the US with out any issue. Because he did not give the I94.. I am not sure how much accurate the information....?

    I have read and understand that visa will be voided automatically. I don't understand one thing... What is automatic void means? Immigration dept will have these details... Whe he arrives back... Or he could be lucky to enter into the US if immigration officer is not keely verified all the detail..?

    Thanks in advance.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Overstay Void Visa

    He may be detained at the US airport and told to leave the country.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Reentry on a Visa After Prior Overstay

    Quote Quoting S_iska
    View Post
    I would like to check with you, one of the issue my friend is facing. He entered into US Legally but overstayed around 10 months and left to the origin country with out giving I-94 departure card to the flight reps.
    He can at least document that he flew out of the country on that date....
    Quote Quoting S_iska
    He said he talked to the lawyers and confirmed that if he comes back to the US after 3yrs by using the same VISA he could be enter to the US with out any issue.
    You need to reword that.
    Quote Quoting S_iska
    Because he did not give the I94.. I am not sure how much accurate the information....?
    I'm not sure what you're trying to ask. Are you suggesting that he's going to lie to the immigration officer about when he left, hoping that he can get away with lying because he didn't turn in his I-94? Lying can get you permanently excluded.
    Quote Quoting S_iska
    I have read and understand that visa will be voided automatically. I don't understand one thing... What is automatic void means?
    void: something is not valid or legally binding:
    automatic: working by itself with little or no direct human control.
    Quote Quoting S_iska
    Immigration dept will have these details... Whe he arrives back... Or he could be lucky to enter into the US if immigration officer is not keely verified all the detail..?
    You can expect that the immigration officer will have your friend's entry and departure records at his fingertips.

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