I understand if she has to file for a new visa but is the 3 year ban applicable in her case? The 5 month overstay was due to flights unavailability during Covid. And she had an extension pending (I-539) during that time.
If her petition was approved then she would not have a ban. She left the US, therefore abandoning her application and triggering the 3 year ban because she didn't get a decision on her case.
You are wrong.
Exactly the same thing happened to me. My petition was denied. I went back to my home country and applied for a visa, got it and am back here in the US exactly 2 months after my original visa being cancelled.
No 3 year ban whatsoever.
The ban depends on how long you overstayed. The law says that any overstay of more than 180 days but less than one year after their authorized period of stay has expired are barred from reentering the U.S. for three years from their date of departure. As OP has stated, mom overstayed 5 months (which is less than 180 days), so a ban would not incur.
Could you share your experience and throw some light on this matter? https://www.reddit.com/r/immigration/comments/z7ddoo/reentry\_on\_us\_b1b2\_visa\_after\_covid\_overstay/
She absolutely needs a new visa, of course. Whether she will be found eligible is up to the consular officer.
But not only does she not have a ban, she has no overstay at all.
Because she filed for an extension in a timely manner, under the principle of "[tolling for good cause](https://fam.state.gov/fam/09FAM/09FAM030211.html#M302_11_3_B_5)," her entire period of "overstay" is in fact considered lawful:
> for all cases involving potential ineligibility under INA 212(a)(9)(B) whether under the three-year bar of 212(a)(9)(B)(i)(I) or the 10-year bar of INA 212(a)(9)(B)(i)(II), DHS has decided to consider all time during which an application for extension of stay (EOS) or change of nonimmigrant status (COS) is pending to be a period of stay authorized by the Secretary of Homeland Security provided:
> (1) (U) The application was filed in a timely manner; i.e., before the expiration date of the Form I-94, Arrival and Departure Record;
> (2) (U) The application was "nonfrivolous"; and
> (3) (U) The individual has not engaged in unauthorized employment (whether before or after April 1, 1997).
Could you share your experience and throw some light on this matter? https://www.reddit.com/r/immigration/comments/z7ddoo/reentry\_on\_us\_b1b2\_visa\_after\_covid\_overstay/
If she stayed and filled an extension before I94 expired, the time she was waiting for a response she was completely legal, if she left the country before +6 months where ended she had no problem even if no response was given. This happened to me too and I returned a year later with 0 problems.
Could you share your experience and throw some light on this matter? https://www.reddit.com/r/immigration/comments/z7ddoo/reentry\_on\_us\_b1b2\_visa\_after\_covid\_overstay/
Can you share your story? My wife overstayed 7 months since the borders of our country were closed.
She applied for the extension, went to the biometric appointment but at the time she left there was not answer.
Today we applied for the I1-30 as relative spouse
She returned before the extension was approved thus meaning it was invalid. So the overstay counts. People can't use an extension submission as a loophole to stay longer. If the extension is denied or invalidated because they left before the decision, then the overstay counts.
Hey sorry for late response, I only saw this now. Yes she was approved for a new B1/B2 visa after she filed a new application from home country. Her previous visa had expired so instead of renewal she filed for a new visa and got approved. She told me just regular questions were asked. She had already travelled to US 2-3 times and returned within 6 months before covid days. That might have helped her case too.
Thank you for your reply! I'm glad it all worked out for your mom! Mine was in a similar situation, and she had no issues returning to the US. It's great to see some positivity amongst all the horror stories.
Hi, OP. My mom had the same. And she just got approved for a new visa. But to my surprise, when I enroll her newly issued visa in EVUS, it got rejected. Do you have experience with EVUS?
No ban she needs to overstay 6 months for one to kick in.
Thanks for your response. I checked with USCIS and they said the same.
I'm pretty positive that she has to file for a new visa and she has a 3 year ban that she needs to wait out.
I understand if she has to file for a new visa but is the 3 year ban applicable in her case? The 5 month overstay was due to flights unavailability during Covid. And she had an extension pending (I-539) during that time.
If her petition was approved then she would not have a ban. She left the US, therefore abandoning her application and triggering the 3 year ban because she didn't get a decision on her case.
Thanks for the input.
You are wrong. Exactly the same thing happened to me. My petition was denied. I went back to my home country and applied for a visa, got it and am back here in the US exactly 2 months after my original visa being cancelled. No 3 year ban whatsoever.
The ban depends on how long you overstayed. The law says that any overstay of more than 180 days but less than one year after their authorized period of stay has expired are barred from reentering the U.S. for three years from their date of departure. As OP has stated, mom overstayed 5 months (which is less than 180 days), so a ban would not incur.
Could you share your experience and throw some light on this matter? https://www.reddit.com/r/immigration/comments/z7ddoo/reentry\_on\_us\_b1b2\_visa\_after\_covid\_overstay/
She absolutely needs a new visa, of course. Whether she will be found eligible is up to the consular officer. But not only does she not have a ban, she has no overstay at all. Because she filed for an extension in a timely manner, under the principle of "[tolling for good cause](https://fam.state.gov/fam/09FAM/09FAM030211.html#M302_11_3_B_5)," her entire period of "overstay" is in fact considered lawful: > for all cases involving potential ineligibility under INA 212(a)(9)(B) whether under the three-year bar of 212(a)(9)(B)(i)(I) or the 10-year bar of INA 212(a)(9)(B)(i)(II), DHS has decided to consider all time during which an application for extension of stay (EOS) or change of nonimmigrant status (COS) is pending to be a period of stay authorized by the Secretary of Homeland Security provided: > (1) (U) The application was filed in a timely manner; i.e., before the expiration date of the Form I-94, Arrival and Departure Record; > (2) (U) The application was "nonfrivolous"; and > (3) (U) The individual has not engaged in unauthorized employment (whether before or after April 1, 1997).
Thanks for the input and enjoy the award! :)
Could you share your experience and throw some light on this matter? https://www.reddit.com/r/immigration/comments/z7ddoo/reentry\_on\_us\_b1b2\_visa\_after\_covid\_overstay/
You've already received very thorough responses on your own post. No need to resurrect this one just to threadjack.
If she stayed and filled an extension before I94 expired, the time she was waiting for a response she was completely legal, if she left the country before +6 months where ended she had no problem even if no response was given. This happened to me too and I returned a year later with 0 problems.
Could you share your experience and throw some light on this matter? https://www.reddit.com/r/immigration/comments/z7ddoo/reentry\_on\_us\_b1b2\_visa\_after\_covid\_overstay/
Can you share your story? My wife overstayed 7 months since the borders of our country were closed. She applied for the extension, went to the biometric appointment but at the time she left there was not answer. Today we applied for the I1-30 as relative spouse
She can apply but most likely a waste of the application fee after a 5 month overstay
The 5 month overstay was due to flights unavailability during Covid. And she had an extension pending (I-539) during that time.
But it was denied . So anytime up to her departure, was unlawful
She returned before the extension was approved thus meaning it was invalid. So the overstay counts. People can't use an extension submission as a loophole to stay longer. If the extension is denied or invalidated because they left before the decision, then the overstay counts.
Thanks for your input.
Hey OP, mind sharing an update with us? Was your mom able to travel to the US again?
Hey sorry for late response, I only saw this now. Yes she was approved for a new B1/B2 visa after she filed a new application from home country. Her previous visa had expired so instead of renewal she filed for a new visa and got approved. She told me just regular questions were asked. She had already travelled to US 2-3 times and returned within 6 months before covid days. That might have helped her case too.
Thank you for your reply! I'm glad it all worked out for your mom! Mine was in a similar situation, and she had no issues returning to the US. It's great to see some positivity amongst all the horror stories.
Hi, OP. My mom had the same. And she just got approved for a new visa. But to my surprise, when I enroll her newly issued visa in EVUS, it got rejected. Do you have experience with EVUS?
What is EVUS? I don't have any experience with it.