DOES OVERSTAYING YOUR VISA WHILE VISITING THE U.S. HAVE ANY CONSEQUENCES?

Readers can send their immigration questions to the lawyer at the following email address:

cauhoiditru@gmail.com

Question: Hello Mỹ Việt office. My sibling has a tourist visa. The first time they entered the U.S., Customs and Border Protection granted a stay of 6 months, but my sibling only stayed for 5 months and returned to Vietnam. The second time, my sibling wanted to travel again but was detained by customs for 3 hours and questioned why they stayed for 5 months on a tourist visit. Will this affect their visa renewal and future entries into the U.S.?

The reason for the extended stay is that my sibling currently has a sponsorship file from our father (which was disclosed to the consular officer during the B2 visa interview), so they wanted to stay longer in the U.S. to learn English and help with the family business for 5 months before returning to Vietnam and then coming back to the U.S. (Anna Phạm – Plano, TX)

 

Answer: Hello Anna. Although your sibling’s visa allows a stay of up to 6 months, the reasonable duration for a tourist visa is usually around 2 months. If your sibling maintains this status, they will be able to enter and exit the U.S. multiple times each year. Thank you.

 

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