An NRI family shared a visa situation that caught them off guard, as they did not know for one year that this had happened. The person said on social media that their mother-in-law was supposed to travel to the US this month but when she reached the airport, she was told that her visa was revoked. The family traced back the mother-in-law’s travel history and found only one possible explanation for the visa revocation, but they said they did not receive any message regarding this from the US administration.The mother-in-law had a B1/B2 visa valid until 2033 and she visited the US last year. But there was one mistake. They said that last time she came to the US, her I-94 was valid until March 4, 2025. It was a six-month stay but there was some miscalculation on their part and so the return ticket from the US to India was on March 5, 2025 — a day after the I-94 expiry. I-94 is the document that carries the day one is allowed to stay in the US.The family said they did not realise that the one-day overstay could affect the validity of her visa. And they did not know this had happened in 2025 until the mothr-in-las had to travel again in 2026.The family said they checked the US Department of State’s Consular Electronic Application Center (CEAC) system themselves and found that the visa status also showed “REVOKED”.
Why can a one-day overstay cause a visa to become invalid?
The crucial distinction is between a US visa and an I-94.A visa allows a traveller to travel to a US port of entry and request admission. It does not determine how long the person can remain in the country. The period of authorised stay is determined by US Customs and Border Protection (CBP) when the traveller enters, and is recorded on the Form I-94.The State Department specifically warns that if a nonimmigrant stays beyond the date authorized by CBP on the I-94, the visa generally becomes automatically void or cancelled under US law, unless an exception applies, such as a timely filed, non-frivolous application to extend or change status.CBP’s own I-94 guidance says that when a person enters on a nonimmigrant visa such as B1/B2 and remains beyond the I-94 date, the visa is no longer valid under Section 222(g) of the Immigration and Nationality Act.That means the fact that the traveller left the US only one day late does not necessarily preserve the old visa. Section 222(g) does not create a minimum number of days for the visa to become void.It is, however, not confirmed that the visa was revoked for her one-day overstay.
What can she do now?
The practical route would generally be to apply for a new B1/B2 visa at a US embassy or consulate and disclose the previous overstay accurately.During that application, the traveller can explain that the overstay was one day, that she departed voluntarily, and provide evidence of the departure and her previous travel history. A consular officer will assess the new application under the applicable visa rules. The State Department says officers consider an applicant’s individual circumstances, travel plans, financial resources and ties outside the US, among other factors.Social media users suggested that one should never wait for the last day of the six-month stay to return and there should be no room for miscalculation.