How do I clear an incorrect red flag on my US visa for overstaying, when in fact my departure date has not been recorded in the database? [duplicate]
![How do I clear an incorrect red flag on my US visa for overstaying, when in fact my departure date has not been recorded in the database? [duplicate] - American dollars on national flag](/assets/images/how_do_i_clear_an_incorrect_red_flag_on_my_us_visa_for_overstaying_when_in_fact_my_departure_date_has_not_been_recorded_in_the_database_duplicate_0.jpeg "How do I clear an incorrect red flag on my US visa for overstaying, when in fact my departure date has not been recorded in the database? [duplicate] - American dollars on national flag")
I am a resident of New Delhi, India. I received a 10-year B-1/B-2 type US visa on 17th January 2014, which expires on 15th Jan 2024. On account of this visa, I travelled to the United States for 15 days last year, from 11th - 24th February 2014.
I again have to visit the United States from 26th June to 21st July, on account of my acceptance into the prestigious Hansen Summer Institute 2015 Fellowship program being held at the University of San Diego. During the verification of my documents for the same, I learned that my visa has been red-flagged for overstaying on account of my previous journey. I didn't overstay my visa duration and have NO idea whatsoever what led to them red flagging my visa. I was in and out of US in just 15 days.
I tried to check my travel history on the US Customs and Border Protection website, which showed only my date of arrival (11th February, 2014) at JFK Airport, New York. The date of departure was absent, which leads me to believe that somehow the information of my exit from JFK Airport, NY on 22nd February, 2014 was not recorded due to some clerical error. But this issue, in which I have absolutely no fault at all, is causing me a lot of trouble as I have to fly to US again on 26th June.
I am desperately trying to get an interview at the consulate office. Right now they are saying that my case has been forwarded to the embassy and I need to just wait for them to revert back. It's been seven days since I sent them the email and have received absolutely no word from their side.
I have my flight tickets booked for the United States on 26th June, all accommodation arrangements for me have also been made, and therefore it is extremely urgent that you reply back with the relevant details as soon as possible. I have effectively only 11 days left.
I have a copy of my air ticket from New York on the 22nd February 2014, by which I came back to New Delhi on 24th February, which along with the stamp at Indian Immigration should dispel any doubts.
Right now I am not able to get an appointment at the US consulate because there is no predefined procedure for this sort of a thing.
Best Answer
It does not cover your exact situation (it's mostly about the older I-94 form) but this page from the CBP describes how to get CBP records corrected.
As of writing this answer, you have to mail all the evidence of your departure, together with a letter explaining the situation to a company in Ohio (it used to be an office in London, Kentucky and the text of the website has only been partially updated and still makes a reference to the older address). Apparently, embassies and consulates cannot do anything about it but only the company mentioned on the page.
But I'm afraid that even if they accept the evidence you send them and do correct the records, it will take more than 10 days. The web site also explicitly says that they don't answer correspondence so you won't get any explanation or confirmation from them.
If you were going to a European country, I would say just fly over there with all the relevant documentation and they should be able to fix it on the spot but I am not sure whether that's a good idea in the US so I really don't have any good solution for this trip.
Whatever you do, do carry all useful documentation (boarding pass from your flight out of the US, anything establishing your presence in India after that date) with you during your next trip.
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How do I fix an overstayed visa?
How do I fix an overstayed visa? The best course of action is to discuss your case with an immigration lawyer. They will be able to advise you whether you should return to your home country, apply for an adjustment of status within the United States, or another pathway to residency.Can I apply for adjust of status if I overstayed my visa?
Yes, you can apply for a green card if you overstayed a visa. You can apply to become a green card holder from inside the United States (known as an adjustment of status) or abroad (through consular processing).How can I fix my US visa error?
Although it's true that the State Department does not provide a way to go back and change an already submitted DS-160, you can go online to submit a new, corrected DS-160, print the new confirmation page, and bring that to your interview at the consulate or embassy.How does the US know if you overstay your visa?
Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.Overstaying Your US Visa: Consequences \u0026 What To Do
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