QUESTION
If I just found my I 94 expired but still have valid visa till month end and I am leaving the country this month end, should I still extend my I 94?
Asked on Jun 06th, 2013 on Immigration - New Jersey
6 ANSWERS
You can leave by the end of the month. The problem is overstaying the date stamped on your I-94 more than 180 days, then you will be barred from re-entry for 3 years (if you overstay more than 1 year, the bar is 10 years). The visa is your "ticket" to enter the U.S., it controls your "entry" to the U.S. and he I-94 controls the stay.
Answered on Jun 12th, 2013 at 9:18 PM
Adebola O. Asekun
Once you I-94 has expired, you have fallen out of status regardless of the expiry date of your visa. You should immediately make plans to leave US. You may want to notify your local office of CIS prior to your departure from US.
Answered on Jun 09th, 2013 at 10:20 PM
If your I-94 is already expired, you cannot extend it within the US. Just be sure that you do not overstay by more than 180 days after the I-94 expired.
Answered on Jun 09th, 2013 at 10:20 PM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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No, you cannot apply for extension of your stay if your I-94 has already expired. The validity period in your I-94 determines the period of authorized stay. The validity period in your visa stamp determines the period you can travel to and enter the United States using that visa.
Answered on Jun 07th, 2013 at 10:18 AM
Immigration Attorney serving Atlanta, GA
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Gorinshteyn Global, LLC
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Visa allows you to enter the U.S., it doesn't allow you to stay in the U.S. That is when I-94 comes into play. If you overstayed your status per I-94 card leave as soon as possible in order to avoid inadmissibility issues. You cannot extend your status (I-94) since you've overstayed it. In order to file for extension of status one has to be present in a lawful status in the U.S.
Answered on Jun 06th, 2013 at 9:43 PM
3 Awards
Your having overstayed your I-94 date will make your visa immediately void by operation of law. If you seek to re-enter on that same visa you may encounter difficulties in the future. If you leave by the end of the month you should not be prejudices by the accrual of only 30 days on unlawful presence. The three year bar kicks-in when you have overstayed the date certain on the I-94 by 180 days - and you leave.
Answered on Jun 06th, 2013 at 9:42 PM