What to do about an expired visa?

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What to do about an expired visa?

My father has been granted a visa to the US in China. However, because of some work related matters, he might not able to enter the US within the expiration date on his visa. He will need about 1 year to finish up his job in China. Can my father giveup his current visa and I re-submit a new application to the USCIS or will this pose any problems on his second application?

Asked on November 16, 2011 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It really depends on the type of visa it is.  You  need to provide some additional documentation.  As a general rule, even if your father will not be able to stay in the US for an extended period of time, he should at least make an entry on that visa and activate it that way and then he can return to China to conclude his business.


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