I'm on L1A Non Immigrant Visa . My dependent Son was given B2 Visa in the port of entry ( entry date sep 13th 2012) valid till March 12th 2013 . Now that my son vaildity has expired and my passports are with Canadian Consulate for Visitor Visa to enter the country which I planned and is in process .
1) Planning to go out of the country ( USA) and enter again once I get my passports from Canadian Consulate ( Visitor pass) to enter canada . What are the implications of my son ( Son is a minor - DOB Nov 28 2011 and Canadian by Birth) over staying for these 2-3 weeks .
2) While entering into USA from Cananda , What are the chances that My son would likely get rejected given that he has over stayed for few weeks ( Son is a minor - DOB Nov 28 2011 and Canadian by Birth)
Short Term overstay
It is always best to maintain status. If a short overstay has already happened, try to explain at the port of entry and provide any available documentation to support your explanation. There is always a chance that CBP/ICE may not allow entry to a nonimmigrant who had overstayed in the past visits, no matter who short the overstay had been.
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3 lawyers agree
Any overstay can be grounds for a denial of a visa or denial of entry to the US.
You really need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
1 lawyer agrees
It is not clear from your question whether your son was given a period of authorized stay until March 12, 2013, or a visa with that eligibility period. (They are not the same). You may wish to consult an immigration attorney. As others pointed out, individuals can be rejected, particularly if they have overstayed. However, it would be helpful for you to consult with an attorney to discuss how to minimize the chances of this happening..
This general information does not establish any attorney-client relationship. There may well be factors not mentioned in the question which could and should be addressed in an attorney consultation.