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Is this considered overstaying on Visitor visa?

Dublin, CA |


My father came here on a Visitor visa granted for six months. At the end of 5 months we filed for an extension of visitor visa, as he wanted to do more sight seeing.

The refusal came when he was in the USA for about 8 months. After the refusal notice, my father left the country with in 5 days (i.e. as soon as practically possible).

Would above be considered visa overstay?

Thanks in advance folks.

Following above he has entered the USA on visitor visa twice already and never had a problem at port of entry. Thanks again.

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Attorney answers 4

Best Answer

He accrued unlawful presence as of the day his extension request was denied. This overstay is minor if he indeed left shortly afterwards and should not ground in itself for a denial of a new visa.


Once the extension was denied your father was an overstay and his visa was automatically cancelled. The fact that CBP is erroneously letting him use it to re-enter the U.S. Sometimes it can take months or years for the computer to update as it is not uncommon for the issue to appear during a future inspection.

While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.


He overstayed 5 days. Since he promptly left after the denial, Consulate SHOULD (but not always) treat this as a minor violation.


I agree with my colleagues.

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.