# Overstay Visa Due to Illness



## emily271 (May 13, 2009)

Hello,
Please can anyone tell me; what happens if you fly to the USA (Florida) and then get too ill to be able to fly back home (to the UK) and you end up overstaying visa? Do you get fined or anything?
Thank you!


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## 2fargone (Jun 14, 2011)

emily271 said:


> Hello,
> Please can anyone tell me; what happens if you fly to the USA (Florida) and then get too ill to be able to fly back home (to the UK) and you end up overstaying visa? Do you get fined or anything?
> Thank you!


Unless you are in a coma you usually can make a flight. It might be a miserable flight, but it can usually be done. I wouldn't try to overstay a visa.


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## emily271 (May 13, 2009)

no its my grandfather, I want him to come visit, but he has terminal lung cancer. He has trouble with the lack of oxygen on the planes. I was just wondering what happens if he is too unfit to fly back?


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## _shel (Mar 2, 2014)

Does he have his own oxygen tank? It can usually be taken on the flight with pre arrangement.


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## emily271 (May 13, 2009)

Yes, but he still struggles to breath, if his health drastically deteriorates whilst he is here I don't think he would get a "fit to fly" letter from the doctor, so was just wondering what then happens?


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## _shel (Mar 2, 2014)

If he gets that bad would his doctor allow him to fly there or would an airline even accept him? On top of that what about health insurance? 

Probably better for you to visit him if it would put such a strain on his health.


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## emily271 (May 13, 2009)

Yes probably. I just wondered what the consequences were regards to overstaying a visa....can't find anything on the internet, so thought I'd try here....but this thread keeps going round and round in circles!! thanks for everyones suggestions though x


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## _shel (Mar 2, 2014)

Overstaying is overstaying and bar being laid up in ICU you are expected to leave or face the same consequences as every other overstayer.


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## emily271 (May 13, 2009)

....and what is that consequence please!?


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## 2fargone (Jun 14, 2011)

He will be banned. But, I think that is the least if your worries.

But, like Shel has said do you have health insurance for your Grandfather should he get sick and in up in the hospital? The US health system is very expensive.

Your Grandfather could be denied boarding if the airlines see him as to sick to travel.


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## accbgb (Sep 23, 2009)

Perhaps these will help:

Visa Expiration Date

Extend Your Stay | USCIS


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## 2fargone (Jun 14, 2011)

The second link 
_
You may not apply to extend your stay if you were admitted to the United States in the following categories:

Visa Waiver Program_

OP Grandfather would not be able too extend his stay because he used the VWP.


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## Crawford (Jan 23, 2011)

emily271 said:


> no its my grandfather, I want him to come visit, but he has terminal lung cancer. He has trouble with the lack of oxygen on the planes. I was just wondering what happens if he is too unfit to fly back?


In which case his travel insurance is not going to cover him for this pre-condition unless there is a clause in the contract which says he will be covered IF the insurance is taken out within a certain amount of time of the first deposit for the vacation.

If no travel insurance have you considered the cost of hospitalisation in the US?


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## Davis1 (Feb 20, 2009)

emily271 said:


> ....and what is that consequence please!?


Presuming he is going to use the Visa waiver 
if he overstays he can never use the visa waiver again .. 
and would need to apply for a B-2 visa ...it will be denied 

Any accompanying family member would also be in the same boat 

its unlikely the airline would let him board

I am on oxygen 14 hours a day and can never consider flying now


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## BBCWatcher (Dec 28, 2012)

To answer your question directly, there is a procedure for USCIS to grant a one-time 30 day extension of stay in a genuine medical emergency.


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## _shel (Mar 2, 2014)

BBCWatcher said:


> To answer your question directly, there is a procedure for USCIS to grant a one-time 30 day extension of stay in a genuine medical emergency.


 Knowing before you travel it is likely to happen and the person not being hit by a bus/hospitalized/in labour etc its not really a medical emergency, simply ill health which is not an emergency.


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## BBCWatcher (Dec 28, 2012)

I answered the question asked, Shel. Nobody else did. Yes, there are a variety of other important considerations, stipulated.


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## _shel (Mar 2, 2014)

BBCWatcher said:


> I answered the question asked, Shel. Nobody else did. Yes, there are a variety of other important considerations, stipulated.


:hail:

No you answered what you wanted to as usual. The answers given were correct as nothing the OP described indicated a medical emergency.


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## BBCWatcher (Dec 28, 2012)

Shel, to refresh your memory, here's Emily's question, in her own words:


emily271 said:


> ....what happens if you fly to the USA (Florida) and then get too ill to be able to fly back home (to the UK) and you end up overstaying....


I answered her question, most directly and accurately, with U.S. CBP's own official guidance. If answering the question Emily asked bothers you, sorry, but there's not much I can do about that. I can only suggest that you complain to CBP for providing that information to Emily and other members of the public.

Guessing a bit, you seem to be bothered that Emily's relative might have a higher probability than other members of the public of having a medical emergency in the United States. That could be true, but that's also true of _anybody_ with an ongoing medical condition. If you have diabetes, for example, you have a higher chance of having a medical emergency at any moment in time than the general population. But the U.S. does not prohibit those with diabetes from visiting the United States.

Yes, provide suggestions and opinions on the wisdom of whether Emily's relative should travel to the U.S., but let's also answer the question she asked. I did.


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## twostep (Apr 3, 2008)

https://help.cbp.gov/app/answers/de...ram-stay-in-the-u.s.-if-there-is-an-emergency

BBCWatcher there is a slight difference between traveling/being a houseguest with terminal cancer on oxygen or with diabetis. 

The consequences as OP calls it will probably have little to no effect for Grandpa. OP will have to deal with everything. But - my best wishes to her and Grandpa and may his trip be a pleasant one.


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## Veronica (Apr 5, 2008)

Perhaps if the OP wants to see her grandfather before it is too late it would be wiser for her to visit him. Putting a terminally ill old man through the stress of travelling with the added issue of him possibly being too ill to return home is both selfish and foolish IMO.


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## BBCWatcher (Dec 28, 2012)

We know neither Emily271's family situation nor her grandfather's own wishes. We should not presume.


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