Expired I - 94, but valid visa

[kipchak]

Dear "forum'ers":)
I need your help. My friend stayed in US on tourist visa, his I-94 expired in April, but he left US in May (period of more than 40 days), his visa is still valid,should expire in a month. Now he wants to come back to US for a week.

Do you think they will let him in the US? or send him back because he stayed for more than 40 days with expired I-94.

Please give me your ideas.
THank you in advance

[melo]

Tell your friend how evil America and Americans are. Then he won't want to come back. Problem solved.

[SmIlIk]

Dear "forum'ers":)
I need your help. My friend stayed in US on tourist visa, his I-94 expired in April, but he left US in May (period of more than 40 days), his visa is still valid,should expire in a month. Now he wants to come back to US for a week.

Do you think they will let him in the US? or send him back because he stayed for more than 40 days with expired I-94.

Please give me your ideas.
THank you in advance

If his I-94 was expired that means his stay from April to May was illegal.
There is a huge chance he will get deported at the port of entry.

[NozChik]

100% obespechennie deport esli daje on bil nelegalno hotyabi odin den na teretorie USA. Amereka eto strogo derjit kak ya chetala. Nashi tochno propustyat no amerika Better luck next time devoradi:)

[kipchak]

Tell your friend how evil America and Americans are. Then he won't want to come back. Problem solved.

think better of your country, pindos.

[kipchak]

thanks for the answer guys, but can anyone tell me better news?:)
because i heard that once the i-94 is expired one can stay for another 40 days, and then another 20 with the expired one. Is that true?

also - if he gets another visa, do you think the expired I-94 history will be a problem for him when getting a new one?

Thanks a lot people.

[Крейсер]

he should have filed an extention which is okay but now it can be too late. below is what he can do according to a web-site (i am not sure as to it's validity)

The Link:
http://www.foreignborn.com/visas_imm/other_visas/3extending_my_stay.htm

The text:
_________________________________

My Authorized Stay Has Already Expired (I Am Late Filing for an Extension)

If you are late filing for an extension and your authorized stay has already expired, you must prove that:

The delay was due to extraordinary circumstances beyond your control;
The length of the delay was reasonable;
You have not done anything else to violate your nonimmigrant status (such as work without USCIS approval);
You are still a nonimmigrant (This means you are not trying to become a permanent resident of the United States. There are some exceptions.); and
You are not in formal proceedings to remove (deport) you from the country.

[forex]

actually,he can come back to the US if he can get a new visa.The rule says that you can overstay your I-94 if you have a valid visa.But your valid visa will become bad from that moment on.So the best shot is to go to US consulate and apply for another visa.
Will they issue him another visa?That's a good question.
I would not risk and come with my old visa,US port of entry will never let him in,that's a fact.But if he can get a new visa,he will be able to get into the country.
Good luck.

[SmIlIk]

thanks for the answer guys, but can anyone tell me better news?:)
because i heard that once the i-94 is expired one can stay for another 40 days, and then another 20 with the expired one. Is that true?

also - if he gets another visa, do you think the expired I-94 history will be a problem for him when getting a new one?

Thanks a lot people.

Kreyser answered some of the questions but I can almost assure you that once he turned that I-94 in on his way out of the country, his Visa was most probably terminated without his knowledge.

I am sure cases differ from each other. If it was a student visa than it is most likely that will be able to get in. If it was just a tourist Visa, Immigration does not tolerate any glitches on that part. The only positive thing about this case is that he will not get any bars on his record.

"Under section 222(g) of the Immigration and Nationality Act, the visa of a person who overstays becomes void after the conclusion of the period of authorized stay indicated on the I-94. This cancellation occurs without the individual's knowledge. One cannot reenter the U.S. except with a new visa applied for at the consulate in the home country or if one qualifies for a visa exemption requirement to apply for the visa in another country based on "extraordinary circumstances."


Punishment for overstaying I-94 is pretty harsh. 180 days overstay 3 year bar, 12 month overstay will get you a 10 year bar...

[kipchak]

Thanks a lot people.
SO it is better for him to get a new visa, and then come back.
i really hope that issuing new I-94 won't be a problem for him with his new visa.

[SmIlIk]

Thanks a lot people.
SO it is better for him to get a new visa, and then come back.
i really hope that issuing new I-94 won't be a problem for him with his new visa.

Getting a Visa is not an easy thing :) However, I-94 overstay for a month is not going to be a cause for the rejection.

[kipchak]

Getting a Visa is not an easy thing :) However, I-94 overstay for a month is not going to be a cause for the rejection.

Now we are talking, thanks for the good news!!:)

[Legend]

If he has an extra 1300$ for airfare, let him try, I think he has more chances to be let in, then getting a new visa :) .

[Guess]

Mani vizam 31 avgustda tugavotti, lekin I-94 1 octyabrda. Mne skazali, chto ya za 1 oktyabrya mogu zdes bit.

[Legend]

Mani vizam 31 avgustda tugavotti, lekin I-94 1 octyabrda. Mne skazali, chto ya za 1 oktyabrya mogu zdes bit.
Pravilno skazali :) .

[kipchak]

Maybe when I have something to proud of. I thought it was good advice and you would agree. :rolleyes:

DOn't provocate me, Atpaint, i know where you come from, and we agreed to not engage into discussions with each other.

[kipchak]

If he has an extra 1300$ for airfare, let him try, I think he has more chances to be let in, then getting a new visa :) .

I don't get it man, some say they won't let him in, and deport him, and you are saying he can try, and it's possible.
Are you just being sarcastic about hardship of getting a new visa, or being serious about his chances of re=entering US?
clarify man, this is important.

thanks

[SmIlIk]

кипчак, дай я обосную то что я тебе говорила.

USCIS (ex INS) and consulate are two different offices. They do not share information but if any of them sense a fraud, they can easily request information from each other. I would say, when he goes for an interview your friend's task is to be as honest as he can get but at the same time not to give out too much information about his last departure from US. I am sure if he already went in for an interview he knows the drill...

If he can get the Visa, come back here and we will discuss what he should do at the port of entry :)

Again and again, if other people suggest him to do otherwise, based on the facts you both gathered ask him to make up his own mind. It is very important that he understands the issue and is ready for everything :)

[kipchak]

Thanks a lot Smilik.

[SmIlIk]

Mani vizam 31 avgustda tugavotti, lekin I-94 1 octyabrda. Mne skazali, chto ya za 1 oktyabrya mogu zdes bit.


Asalim, we talked about that with you already. Your case is different. You are on Temporary Work Visa which gives you different options than B1/B2. Your I-94 is D/S and your paperwork lawfully holds your status up until October.

Tebe eshe mnogo chego skazali :) No, prinimat' reshenie tebe a ne im.

[Legend]

I don't get it man, some say they won't let him in, and deport him, and you are saying he can try, and it's possible.
Are you just being sarcastic about hardship of getting a new visa, or being serious about his chances of re=entering US?
clarify man, this is important.

thanks
I am being serious about what I said, I know few people , who were let in ( maybe by some INS officers' mistakes or they were just lucky) even after their I-94 were expired. but visa was still good though. That's why I am saying let him try if he can afford an air fare, and you never know, maybe they'll let him in. And if you ask about new visa issue, then noone guarantees he gets new one right ? So it's all up to him.

[kipchak]

Thanks a lot Legend, i appreciate it.