Leave US 1.5 hrs after the expiration of I-94

R

rayyl

Registered Users (C)
Hi All:

My parent's I-94 will expire on Sept 21st, and they are planning to leave US at the night of Sept 21st. Actually, the flight won't take off until 1:30 am on Sept 22nd, but my parents would have gone through all check-in/immigration/security check processes before the end of Sept. 21st. So, there are 1.5 hours for which they will still be on the land of the US after the expiration of their I-94.

Will this be a problem when they apply for B-2 visa next time? How and when does immigration records the date/time of leaving the US?

Thanks in advance for your help on this issue.
 
It will not be a problem. It is understandable (to an extent) that they were at the airport already ready to depart (same thing would happen if the flight is delayed/cancelled).

Do not worry too much about it. Just make sure they surrender their I-94 before boarding the plane.
 
rayyl said:
Hi All:

My parent's I-94 will expire on Sept 21st, and they are planning to leave US at the night of Sept 21st. Actually, the flight won't take off until 1:30 am on Sept 22nd, but my parents would have gone through all check-in/immigration/security check processes before the end of Sept. 21st. So, there are 1.5 hours for which they will still be on the land of the US after the expiration of their I-94.

Will this be a problem when they apply for B-2 visa next time? How and when does immigration records the date/time of leaving the US?

Thanks in advance for your help on this issue.
Click to expand...


I hate to say this. But you are better off booking a flight that leaves on the 21st itself. While it is understandable that your parents would have gone through all check points on the 21st itself, there is nobody to confirm that they indeed did that. There is no proof that they left on the 21st itself.

Also, the overstay flag is generated by a computerized system, that goes by the date. So it does not matter if they leave at 1:30 AM or 11:59 PM on the 22nd, it is still 22nd as far as the computer is concerned.

However, having said that I am sure USCIS will be reasonable towards such situations.

Here is what I recommend you do.

1> Take photocopies of the I-94 and keep them for your records.
2> Ensure that you keep the plane tickets/ boarding pass stubs etc to clearly show that your parents left the country as per the authorized stay.
3> Have your parents carry 1 and 2 with them when they visit the next time to show to IO that they did leave on time.

Good luck.
 
TheRealCanadian said:
I question whether USCIS or CBP has the discretion to be reasonable in such a case. An overstay, even if 90 minutes, automatically cancels a visa under the INA.
Click to expand...

Maybe you are right. I know of one situation, where my friend's parents were scheduled to fly out at 11:30 PM on the last day of their I94 authorized stay. However, the flight got delayed by about 3 hours, thereby putting them on the next day. They did not have an issue when they came the next time.

However, this was clearly involuntary and could have happened to anyone and more importantly, this was pre 9/11.
 
USofAMERICA

Why don't you plan for your parents to leave US 1 day (or) 2 days before their's I-94's expiration date ???

If they have 10 years multiple entry visa then it should not have any problems in coming back. But if they want to go for visa stamping again it may be a problem...who knows...if you (or) they have bad luck ?

rayyl said:
Hi All:

My parent's I-94 will expire on Sept 21st, and they are planning to leave US at the night of Sept 21st. Actually, the flight won't take off until 1:30 am on Sept 22nd, but my parents would have gone through all check-in/immigration/security check processes before the end of Sept. 21st. So, there are 1.5 hours for which they will still be on the land of the US after the expiration of their I-94.

Will this be a problem when they apply for B-2 visa next time? How and when does immigration records the date/time of leaving the US?

Thanks in advance for your help on this issue.
Click to expand...
 
Book a ticket few days ahead

This is something totally in your control - the return date. Why go through unnecessary tension and uncertainty where you can completely avoid it by proper planning and appropriate action?

Just book it for the 19th or 20th. If the tickets are sold out, tell the agent that they must leave per US laws. I have used this in the past and sometimes the airlines do oblige and find you something. The airlines do it as a courtesy and only if they can do it. It's not your right but just a request.

good luck.

shri g
 
You must log in or register to reply here.
Top