Visiting my mother in the US; she has overstayed her visa
My mother and I went to the United States last year. But after a month, I went home to my country in the Philippines and my mother overstayed her visa, because she was diagnosed with cancer and she ran out of time extending her stay, because of her immediate treatment. Now, one year later, I'm planning to visit my mother again and bring her home back to my country.
Can this situation affect my ability to enter the US? what questions would I expect and is it possible to get in the United States?
I'm only 17 years old, and I researched that I need a letter of consent from my parents allowing me to travel to United States (which is currently taken care of) and my question is does the letter affect my questions in the port of entry?
Does the DHS know that my mother overstayed and can the POE officer look that up in their database?
I know there is a high chance that I will be denied in the port of entry, but I'm looking forward to have hope that I can see my mother again.
Best Answer
Can this situation affect my ability to enter the US?
Yes it can and likely will. Although individuals are supposedly evaluated on their own merits, having a close family member as an overstayer can negatively impact your application, especially since you are a minor who traveled there with her.
what questions would I expect and is it possible to get in the United States?
Too broad to answer. Yes it is possible however possible does not ascribe any particular probability of success.
I'm only 17 years old, and I researched that I need a letter of consent from my parents allowing me to travel to United States (which is currently taken care of) and my question is does the letter affect my questions in the port of entry?
Definitely, the fact that you are a minor opens up its own can of worms or considerations and questions. Why is a minor undertaking this task, are there not other adults like her husband, siblings, etc? Why can't the people she is staying with in the USA do that, etc.
Does the DHS know that my mother overstayed and can the POE officer look that up in their database?
Very likely and yes. It almost definitely is in the records of course however without checking the immigration officer would not know and they would only check if they have a reason.
TL:DR
Your mothers cancer is not a very compelling reason to be given a visa to bring her back. Last year we sent a member of our community back home to die of cancer. He was not ambulatory and was transported in a wheelchair and the airline took over from check in. Airlines do that all the time for solo travelers so your mothers case is neither novel nor compelling enough to change the status quo.
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What happens if you overstay tourist visa in USA?
If you have more than 180 days of unlawful presence, meaning you overstayed your visa by 181 days or more, you will be barred from returning to the United States for a certain amount of time. If you were unlawfully present for between 180 and 365 days, you will be barred from entering the United States for three years.Can you travel in the US after you overstayed your visa?
If you overstayed for less than 180 days, leaving the U.S. will not trigger any bars to reentry. And if you have a visa that's still valid, there's nothing to stop you from booking travel to the United States.Can I come back to the US if I overstayed?
Before that, people who overstayed their status could leave the United States, apply for an appropriate visa, and return. Nowadays, unlawful presence counts the days of unauthorized stay, either after a status expires, or after an entry without inspection.How does the US know if you overstay?
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.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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