Articles Posted in Tourist Visa

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new Presidential Proclamation passed by President Joe Biden, that temporarily restricts and suspends the entry of nonimmigrants into the United States, who were physically present within the Republic of India during the 14-day period preceding their entry or attempted entry into the United States.

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Overview


In response to the magnitude and high number of confirmed cases of COVID-19 in the Republic of India, the White House has made the decision to initiate a Regional COVID-19 related Presidential Proclamation, temporarily restricting and suspending the entry of nonimmigrants from the Republic of India into the United States. Those impacted will include any nonimmigrant who has been physically present within the Republic of India during the 14-day period preceding his or her entry or attempted entry into the United States.

As has been the case with previous COVID-19 Regional Presidential Proclamations, the following categories of nonimmigrants will NOT be impacted by this Proclamation:

Section 1 of this Presidential Proclamation does not apply to:

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss whether you can file an application to extend your stay on a tourist visa if you have overstayed.

Disclaimer: We do not recommend overstaying your duration of stay on any visa classification, because serious immigration consequences could result. However, this post discusses the options you may have, if you find yourself in the precarious situation where you have already overstayed, and you have a good faith reason for having overstayed.

Overview:

Typically a person is given up to a 6-month period to remain in the United States on a tourist visa. At the end of those 6 months, the foreign national must depart the United States. The question is: are there any special circumstances in which a person may be allowed to extend their stay, where they have overstayed their visa?

In this case, the person stayed past the 6-month period of time allowed in the United States, and did not depart the United States. However, the person had a good faith reason for remaining in the United States. Toward the end of their stay, the individual had just given birth in the United States, and unfortunately some medical complications occurred that kept the individual in the United States past the 6-months authorized by their tourist visa. Because of these complications, the individual could not fly outside of the United States.

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