Help! Expired I-94 abd B-2 extension

M

mickymouse

New Member
Help!
My parents came to US on July 15 and I-94 was valid until Jan-14.
They went to Canada to my sister in Aug-9 and returned US only on Dec-6. I was under assumption that they got a new I-94. Today I checked and realized that they never received a new I-94.

So, legally they are out of status since last 32 days.

Can I file my extension now? Or do they have to leave the country right away?

I see that neighter Canadian or Amerincan immigration stamped their passport while entering US from Canada.
To further complicate, they flew to Buffalo and entered/exited Canada by land route. So, they don't have airlines ticket as an evidence.
 
per i-539instr.pdf on INS website you can still file, but need to show that there was extraordinary circumstances beyond your control why you did not file on time, whatever that means. I was just reading up on this to help a friend out with her situation. Attorney should be able to help out, that's what they are for.
 
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