HELP QUESTION: Visitor B visa will expire before I-94 expires

siliconhybrid

Registered Users (C)
Guy, I have a question

My Mom (who is currently in US) has B2 visitor visa, it will expire March 2011
When she entered the US in November 2010, the immigration officer gave her 9 month in I-94 i.e until July 2011.

Question:
- Can she stay legally beyond March 2011 (i.e after her visa expires) until July 2011 (I-94 expires)?
- if not, can she extend her visa without going back to home country.

Thank you
 
Last edited by a moderator:
Visa expiry date is last date for application of entry into US and has nothing to do with authorized stay given at POE, her visa is expiring but her authorized stay is not, she is good to go until the date of I-94.
BTW I never hard of a 9 month entry on B-2 please double check and if so she can stay upto the date on I-94.
 
Visa expiry date is last date for application of entry into US and has nothing to do with authorized stay given at POE, her visa is expiring but her authorized stay is not, she is good to go until the date of I-94.
BTW I never hard of a 9 month entry on B-2 please double check and if so she can stay upto the date on I-94.


My bad, upon rechecking she gets 12 months on her I-94

Thanks for your feedback, how sure are you with your answer :)
 
That too is surprising. Usually a maximum of 6 months are given.


Yes, usually she gets either 3 month or 6 month.
This time, the officer ask what the purpose of coming to US, she said she misses her grand daughter (our baby is now 4 month old)
I am guessing, due to sentimental reason, the officer gave her 1 year.

The last thing I want is for my mom in law to be banned to enter US, she visits us once in about 18 months for 2 months.

She didnt file any extention, whatsoever, she just got the date from the officer on her I-94
 
Be assured that she can stay in USA till the last date mentioned in I 94 However, as a precaution, she should leave USA atleast one week prior to the expiry of I 94 date. She can apply for a visitor visa once she reaches back her home country.
 
This is the first time I am hearing about a one year B-2 based I-94 issued. I did not even think this was under an admitting officer's discretion.

It can be done. However, it is supposed to be done after consulting with and receiving approval from a Supervisory Officer.

FB
 
Top