Will there be a problem if my 89 year old mother overstayed in the US by 8 months and wants to re-enter after an interval of1 year on her10 year multiple visa?

My mother had applied for extension in her previous stay but was refused but she was so frail and weak to travel back alone so we took her out but after 8 months. Now after a 1 years break she wants to come back as her 10 year multiple visa is valid. Actually no one knows she overstayed.

Asked on October 31, 2011 under Immigration Law, Arizona


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Of course the immigration knows that she overstayed because when her application to extend her status was refused and she did not leave at that time, her unlawful presence in the US began.  When she actually did leave the US, there was a record of her leaving the US.  If she attempts to reenter, there is a good chance that she will be denied entry because of the previous overstay.  She might get lucky and be permitted to reenter, but I would not put too much hope in that.

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