Border control missmarked my passport so it looks like I overstayed a day

Border control missmarked my passport so it looks like I overstayed a day - Woman in mask sitting in car

My wife has been working in Swaziland for the last year and she's getting ready to come back to the US. She just found that her passport was mis-stamped on her last South Africa–Swaziland crossing: the border agent mistakenly gave her only 7 days (apparently they missed her work permit or something, I wasn't there). She didn't notice that it was off until just now; she's now a day over the 7 days and one day from her flight home.

At the moment she's labeled (apparently) as "undesirable" and can't re-enter South Africa for a year, at least until she appeals this. She has 10 days to file paperwork for that. She will do that, of course, because she'll want to travel there again. But the concern at the moment is being able to get home. Will they let her connect through Swaziland on her trip back to the US? There is only one airport in the country and it flies only to Joberg, and the country is bordered on three sides by South Africa (and on the other by rural Mozambique... which I guess is a last-ditch possibility.)

Edit: I now have the "DECLARATION OF FOREIGNER AS AN UNDESIRABLE PERSON" form. It matches what I said above: all but "(h) You have overstayed by 1 days, at a time." and "(i) Your undesirability status will be lifted and will expire on 24/06/2018 (DD/MM/YYYY), at which date you will only be allowed to re-enter the Republic." are struck out.

Fortunately the appeals can apparently be emailed. But I'm sure they can't process them in a day, can they? So the fundamental issue remains.



Best Answer

The question is rather confusingly phrased. If I'm following it, your wife entered South Africa from Swaziland, at which point her passport/visa was stamped incorrectly. Now, I believe you're saying that she wishes to return to the US from Swaziland.

If that is the case, there should be no problem. She may have overstayed her visa to Swaziland, but overstaying by a day or two, while not technically legal, is usually not considered a serious offence. And, since she came from Swaziland, and is now returning/returned there, she must have possessed a long-term visa that allowed her multiple entries into Swaziland. As long as that is/was still valid at the time of travel, Swaziland has no reason to object to her returning. Nor does the US. The "injured party" in this case is South Africa. So, I assume she's home, safe and sound, by now.




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What is a Visa Overstay? Consequences and Solutions to Over staying a Visa




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