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I am a resident of New Delhi, India. I received a 10-year B-1/B-2 type US visa on 17th January 2014, which expires on 15th Jan 2024. On account of this visa, I travelled to the United States for 15 days last year, from 11th - 24th February 2014.

I again have to visit the United States from 26th June to 21st July, on account of my acceptance into the prestigious Hansen Summer Institute 2015 Fellowship program being held at the University of San Diego. During the verification of my documents for the same, I learned that my visa has been red-flagged for overstaying on account of my previous journey. I didn't overstay my visa duration and have NO idea whatsoever what led to them red flagging my visa. I was in and out of US in just 15 days.

I tried to check my travel history on the US Customs and Border Protection website, which showed only my date of arrival (11th February, 2014) at JFK Airport, New York. The date of departure was absent, which leads me to believe that somehow the information of my exit from JFK Airport, NY on 22nd February, 2014 was not recorded due to some clerical error. But this issue, in which I have absolutely no fault at all, is causing me a lot of trouble as I have to fly to US again on 26th June.

I am desperately trying to get an interview at the consulate office. Right now they are saying that my case has been forwarded to the embassy and I need to just wait for them to revert back. It's been seven days since I sent them the email and have received absolutely no word from their side.

I have my flight tickets booked for the United States on 26th June, all accommodation arrangements for me have also been made, and therefore it is extremely urgent that you reply back with the relevant details as soon as possible. I have effectively only 11 days left.

I have a copy of my air ticket from New York on the 22nd February 2014, by which I came back to New Delhi on 24th February, which along with the stamp at Indian Immigration should dispel any doubts.

Right now I am not able to get an appointment at the US consulate because there is no predefined procedure for this sort of a thing.

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  • Do you remember handing back the I94 form before leaving ? – blackbird Jun 16 '15 at 11:51
  • It's not very important but how did you learn about the red flag? – Relaxed Jun 16 '15 at 12:10
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    @Blackbird57 I-94 has been electronic only for some time now. His exit should have been recorded when they scanned his passport at departure. – helm Jun 16 '15 at 12:14
  • I-94 has been discontinued by the US government with effect from April 2013. I got to know of this red flag when the university I was going to came up with this while verifying my documents with the US state department. – jigsaw2212 Jun 17 '15 at 4:37
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    So what happened in the US? – Michael Hampton Jul 22 '15 at 23:19
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It does not cover your exact situation (it's mostly about the older I-94 form) but this page from the CBP describes how to get CBP records corrected.

As of writing this answer, you have to mail all the evidence of your departure, together with a letter explaining the situation to a company in Ohio (it used to be an office in London, Kentucky and the text of the website has only been partially updated and still makes a reference to the older address). Apparently, embassies and consulates cannot do anything about it but only the company mentioned on the page.

But I'm afraid that even if they accept the evidence you send them and do correct the records, it will take more than 10 days. The web site also explicitly says that they don't answer correspondence so you won't get any explanation or confirmation from them.

If you were going to a European country, I would say just fly over there with all the relevant documentation and they should be able to fix it on the spot but I am not sure whether that's a good idea in the US so I really don't have any good solution for this trip.

Whatever you do, do carry all useful documentation (boarding pass from your flight out of the US, anything establishing your presence in India after that date) with you during your next trip.

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    Do Indian citizens get their passports stampted on entry in India ? That could be useful – blackbird Jun 16 '15 at 12:20
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    @Blackbird57 Yes, indeed. I have no idea if that's the case but the question suggests they do. – Relaxed Jun 16 '15 at 12:22
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    Yes! I have an immigration India stamo on my passport for when I returned back to India. It's a proof of me not having overstayed. But unless I get an appointment at the US embassy, who do I show it to? P.S. I have already emailed the US consulate in India and the CBP regarding this, with the photocopies of my passport and Visa. – jigsaw2212 Jun 17 '15 at 4:40
  • @jigsaw2212 As I wrote, it seems you must send a copy to the address mentioned on the website I linked to. – Relaxed Jun 17 '15 at 5:24
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    @jigsaw2212 What was the result here? – Andrew Lazarus Apr 11 '16 at 6:28

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