B1 overstay

[maree]

my father visited US in jan 1995 and stayed for 23 months where his visa was only for 1 month.he went back to india voluntarily in december 1997.its been 13 years he is staying in india.now i want my father -mother to visit me in US on B2.now as my fathers 10 years is over(as an overstay ban).what are his chances to get visa??

[Bayfield]

If he applies - a chance

If he does not apply - no chance

[maree]

hi thanks for the reply.but i wanted to know what can he say if asked that what he was doing these months in US so that he doent get into trouble and get the visa.(he was doing Odd jobs-worked in a gas station.)and in that period he also lost his passport and he filed a complaint saying his passport got lost and want to go back to india so he got an emergency certificate to go back to india.as he had no I-94 so will there be any records that he returned after so many months and had an overstay??

[anniefromessex]

Hi Maree, I'm sorry but many people will have no sympathy with you and what your father did, even though it was so many years ago. Sometimes we all do things that have repercussions later on in life and even though its tragic for those involved unless they are the ones in the situation you state, laws are laws.

As so many years have passed I think it would be worthwhile for your father to make an appointment at the Embassy concerned to lay his cards on the table. Hopefully as it was so many years ago they might take pity - although they are not known for their humanity in my honest opinion, but who knows?!! Sometimes "real" criminals get away with worse and I hope in this case things work out for your family.

Good luck.

Love Anniexxx

[peter gold]

Frankly he has no chance as the B visa is abused by people who purport to visit theri children when in fact they plan to stay permanantly. The fact he did it before is testimony to theri likley belief

[JulieC]

hi thanks for the reply.but i wanted to know what can he say if asked that what he was doing these months in US so that he doent get into trouble and get the visa.(he was doing Odd jobs-worked in a gas station.)and in that period he also lost his passport and he filed a complaint saying his passport got lost and want to go back to india so he got an emergency certificate to go back to india.as he had no I-94 so will there be any records that he returned after so many months and had an overstay??

If he never handed his I-94 in before departure, they will not know whether he returned or not or when. He could argue that he did hand it in and it got lost and he left on time, of course. I dont see how they could prove or disprove that. They may argue that as there is no record of him leaving he has been here the whole time which would mean his ten year ban hasn't started running yet, but presumably he can prove he has been in India. Also a lot depends on what degree of compterization there was in the records 13 years ago. I do know of someone guilty of a long overstay twenty odd years back who returned to the UK and got a visa many years later with no problem. Reason being that the 1-94s were not entered on computer that long ago and no one realised there had been an overstay after so long as paper records presumably didnt go back that far. No real way of finding out your fathers situation without trying.

[Bayfield]

When you apply for a B you provide details of prior trips.

Lie and that would be it forever.

And it is up to you to substantiate that you left on time.