My mother and father enter the US together dad was given six months to stay and my mother was given 2 and a half years to stay we did not notice it until we was finding what need to done, to apply for she stay longer because I was recovering from surgery. We was told that she can stay as long as she leave before the day on her paper I told them the day but all they said was just make sure you made copy of the document. Now after six year they denied visa to my mother accusing her of over stay. What we can do?
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3This question is a bit unclear. Please add the exact dates on which your parents entered and left the US, as well as the date of the application to "stay longer." But in general it sounds like your mother need an immigration lawyer.– phoogSep 19, 2019 at 14:12
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@Miriam What length of stay dates do the passport stamps say? What ‘paper’ are you referring to? An i-94?– TravellerSep 19, 2019 at 15:01
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5What visa were they entering on? B1/B2? VWP? And by any chance was the date your mother was given exactly the same as the date your father was given but two years later?– DJClayworthSep 19, 2019 at 15:23
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Yes the paper is the I -94 the day on my father was January 2012 but in my mother the day was January 2014 can remember the exact day on my dad I remember he leave 2 weeks before his time expire.– MiriamSep 19, 2019 at 20:49
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How much longer did she stay? There must have been an error from the CBP officer at the time, no one gets 2 and a half years. So the record and the stamp must be mismatched, and when she exited they compared to the records (since they don't see the passport). As that was done in good faith, there's probably a way to explain that it she stayed a few days/weeks more, probably not if she stayed a year or two...– jcaronSep 20, 2019 at 11:15
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1 Answer
There is basically nothing you can do. She might not have a ban, but they can still deny nonimmigrant visas for "failure to overcome the presumption of immigrant intent" if there is anything they do not like in her history, and they do not like someone who stayed in the US, say, 1-2 years, on a visitor visa, even if their I-94 happened to be given for that long by mistake.
answered Sep 20, 2019 at 5:41
