I-94 Valid & Leaving Country Question - Urgent - Many Thanks!!!

[parleous]

Hello, all,

My parents got an I-94 expiration stamp for November 30, 2010. However, their airline tickets out of US is on December 1st morning. (It's literally only 12 hours past November 30th, before they fly out of United States.)

Will that mean that they stay here illegally for one day? Will that cause big trouble for future? Do I have to reschedule their airline tickets because of that 12 hours?

Please help!!!!!!

Helen

 

[da1980]

Ok to be very honest with you and not to be discouraging. My reply is that: according to Immigration statute: YES, they will be out-of-status for 12 hours. But, I think USCIS officers or anyone for that matter are understanding. They will realize that this person(s) were just out of status for 12 hours and it's no big deal.

However, if you're concerned about "THE BIG GUN CONSEQUENCES = THE so called 3/10 YEAR BAN). Then don't worry about it. If a person stays 180 days over their I-94 expiration stamp, then they are banned for 3 years from entering US and if they stay 1 year over I-94 expiration, then 10 year ban kicks in.

I am assuming you booked the ticket after they entered US. This is why immigration officers always recommend to enter US with a round-trip ticket. Anyway, since they are elders and overstaying only 12 hours. There shouldn't be any problem. Most of USCIS officers are pretty understanding. If you're too concerned about it, then try to change their ticket (i know you don't want to hear this answer). LEGALLY, they will over-stay their visa.

 

[parleous]

Thanks a lot!

Thanks very much for your detailed explanation. I do plan to bring their documents to custom officers in close-by airports. I heard some people were successfully convincing the custom officer to re-issue I-94 by extending 1-2 more days because of airline ticket conflicts.