Help! I-140 appoved, but I-94 expired.

P

pdlj1

Registered Users (C)
My wife's I-140 petition was approved (under Outstanding Professors/Researcher catagory) and just as we're about to file I-485 for permanent residency, our attorney found out that my I-94 expired 18 months ago. It turned out that when I entered US with an H-4 visa last time to join my wife, the immigration officer put an expriation date that was less than three months from the entry date for some reason. We didn't realize this until now. Questions:
(1) Is there anybody else with similar experience? Was the problem fixed? How?
(2) Should we go ahead to file I-485 and try to fix the problem at the same time? Or should we wait until we fix the problem?

Many thanks.
pdlj1
 
Well I had a similar problem in which the stupid officer stamped the wrong date and I failed to notice it on time. In any case my company lawyers hope to get it fixed by having me sign an affivadit explaining the mess-up and then take my passport along with faulty I-94 to a local INS office (where they have contacts, apparently) and get the date corrected on I-94. They are hopeful it will work. I can let you know if it indeed worked.
Good luck
achat
 
TO PDL:

I strongly believe that you have to sort out your I-94 mess before you apply for AOS ( I-485 ). Otherwise you will be put into deportation proceedings and you don't want it.
 
Thanks a lot, guys. Achat, please do let me know the result.


Originally posted by achat
Well I had a similar problem in which the stupid officer stamped the wrong date and I failed to notice it on time. In any case my company lawyers hope to get it fixed by having me sign an affivadit explaining the mess-up and then take my passport along with faulty I-94 to a local INS office (where they have contacts, apparently) and get the date corrected on I-94. They are hopeful it will work. I can let you know if it indeed worked.
Good luck
achat
Click to expand...
 
My Experience with I94

Hello:

I had a similar problem nearly two years back. While coming back from a trip home the INS officer at the port of entry made a wrong entry for the duration of validity. He was looking at an old H1 approval notice I had. I caught this error the day after the I94 expired. My company lawyer wanted me to leave the US and reenter with a new multiple entry visa and that is what I did. I left the US within ten days of the I94 expiry date, got a multiple entry visa and reentered with a new I94 with the correct date. I used this I94 for I 140 application and it was approved and am expecting a consular interview in a month or two.

I have come across cases where people could go to the port of entry which made the mistake and get it corrected by them.

In your case the I94 had expired 18 months ago. That is a very very serious situation. Technically it does not matter whether the wrong date is due to clerical error or due to some valid reason. As per rules, any illegal presence more than 180 days (six months) warrants a mandatory bar of 3 years to enter the US. If it is more than 1 year, it will be 10 years or so. It does not matter whther the person leaves the US on his/her own.

If you stay in the US and if the INS come to know about it, you can be deported and even put under detention.

Please note that I am not trying to scare you. I did a serious research on the potential issues of overstaying and illegal presence when this problem occured to me.

Please contact a very good immigration lawyer as soon as possible.

I wish you good luck.

DMN.
 
Last edited by a moderator:
Pdl:

It worked. INS issued removed the faulty I-94 and issued a new one. However, my attorney said I was lucky and next time I may not be so. Good luck.
 
I'd take the position that some low level border official's clerical error and failure to follow the directives of INS Assistant Commissioner Michael Aytes does not invalidate your legal status. It does need to be corrected and it will be tricky. It also must be done in the US because an 18 month overstay will trigger a mandatory ten year bar to reentry to the US.
 
achat:

Where is your local INS office? Mine is in Chicago. How long did it take? Million thanks!

Originally posted by achat
Pdl:

It worked. INS issued removed the faulty I-94 and issued a new one. However, my attorney said I was lucky and next time I may not be so. Good luck.
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