Not Immigration related, but need your help.

N

nissan

Registered Users (C)
Sorry to post this here. I know this fourm is only I-485 related but I found this fourm very active and helpful so I hope to get answer...

My parent's got visitor's visa for 6 months. Got stamped on 11/15/2002. Expiring on 05/14/2003.

They landed in U.S. on 05/03/2003 and got 6 months stamp on I-94.

Do I need to get their visa extended? Please post your reply if you know.
 
Nissan!!

YOu dont need to get the Visa extended.Your parents needed to enter US within the six month which they did.It does'nt matter if there visa is expiring.The date on the I-94 matters.They can definitely stay in US till the I-94 expiry date.

Hope this helps!!
 
Uhh. Not that easy ....Safest way is to

Extend the Stamping on the VISA .. The immigrations Guy at
Airport might have made a mistake. The last thing you want is to acrue illegal stay for their period
of visit. Ofcourse nobody is going to question them even while
going back after six months but it might be a problem when they go for their next stamping in India.

Talk to a good lawyer.
 
eternity, you are wrong. The immigration guy did not make a mistake.
What Onleewords said is correct.
Make a photocopy(or make it notorized in us) of I94 and use that to get the visa next time.
I94 is the one which tells you about the status.
 
Thanks...

Thanks guys for your feedback.

Due to the mixed response, I checked with my lawer, he said there no need to get visa extension. He also said that, it WON'T affect their visa application next time.

I hope this help others in similar situation.
 
nissan,

Dont forget to take a photocopy of I94. i read sometime back in this portal that someone had problem when they tried to get new visa. As the visa officer mistook that the person had overstayed.

Meow
 
Actually in order to prove you are not over-stayed for the next visa application, one need both a copy of I-94 and a copy of the airline ticket which shows the actual departure date. Otherwise there is no way to prove it with I-94 only.
 
Originally posted by compaqdb
. Otherwise there is no way to prove it with I-94 only.
Click to expand...

This used to be the case in the pre-PATRIOT, pre-DHS (read: pre-9/11) world.. Nowadays, border inspectors register all entries to and ALL EXITS from the USA (as opposed to entries only).. Therefore, it's possible to retrieve information about the duration of a tourist's stay from the DHS computer system. Whether or not this info is readily available to US consular missions is a different question (although, I believe it should be). Nevertheless, an extra proof of stay is always handy.
 
Guys ....

A unexpired I-94 in itself is Not a proof of "Immigration Status"

Also going by this logic a Six month visa can be converted into
a 11 months stay , which means that the original expiry date of the visitor visa on the passport has no meaning. !

Take this another example :
why do people on H1 have to Transfer
their H1's when they move to a new company even if the original H1 (PP Stamping and I-94) from earlier company is still valid ?

Your immigration status (i.e, H,B,L,Visitor etc....) has nothing to do with your I-94 Expiry date.

Please correct me if anything is wrong in my explanation.

meowmeow : How do you know if the immigration offices at POE did not commit a mistake? The burden of following the immigration rules is still on you.

They are generally unaware of the finer aspects of the law and I have heard stories of their incompetence on this very board. They are just normal clerks doing mundane things and generally when they see visitors they have a tendency to stamp a I-94 for 6 months

Not trying to scare anybody but trust me more worse things have happened at POE ...

Nissan: At the very least visit your local INS District office and
explain them ... this could prevent a lot of heartburns.
 
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Re: Guys ....

Originally posted by eternity
A unexpired I-94 in itself is Not a proof of "Immigration Status"
Click to expand...

It is.. One's immigration status is clearly written on the stamp (both on I-94 and in the passport).

Originally posted by eternity
Also going by this logic a Six month visa can be converted into
a 11 months stay , which means that the original expiry date of the visitor visa on the passport has no meaning. !
Click to expand...

Correct.. A US entry visa indicates the period of time when the bearer of the document can legally enter the US (unlike, for example, Schengen visa that strictly defines when a visitor must enter and leave the Shengen territory). The duration of his authorized stay will be determined by an immigration official at the POE. This stay can be legally extended (by filing an I-539, for example). Caution: not recommended to do when entering the country on B1/B2. Generally, consulates frown upon such practice when issuing subsequent visas.

Originally posted by eternity
Take this another example :
why do people on H1 have to Transfer
their H1's when they move to a new company even if the original H1 (PP Stamping and I-94) from earlier company is still valid ?
Click to expand...

Because your H1B entry visa (not status) clearly shows the petitioner's (i.e. employer's) name. If an H1B holder no longer works for the petitioner, his/her entry visa technically becomes invalid and has to be re-issued. (I must say it's a rather gray area though).

Originally posted by eternity

Your immigration status (i.e, H,B,L,Visitor etc....) has nothing to do with your I-94 Expiry date.
Click to expand...

I-94 determines your LAWFUL presense. If your I-94 has expired, you're no longer lawfully present in the good old US of A. (Read: OUT OF STATUS). One exception: being admitted on AP. Then the duration of your lawful stay is authorized by the Attorney General.

Originally posted by eternity
They are generally unaware of the finer aspects of the law and I have heard stories of their incompetence on this very board. They are just normal clerks doing mundane things and generally when they see visitors they have a tendency to stamp a I-94 for 6 months
Click to expand...
They are only human and thus are prone to err..
 
Stripped : Nice to see a methodic reply .... heres my "logic "

--------------------------------------------------------------------------------
Originally posted by eternity
A unexpired I-94 in itself is Not a proof of "Immigration Status"
--------------------------------------------------------------------------------
It is.. One's immigration status is clearly written on the stamp (both on I-94 and in the passport).

======= Response ===========
I disagree because .....

I-94 Expiry <= VISA (Or Immigration Status) Expiry.

So If POE Officer made I-94 Expiry> VISA (Or Immigration Status) Expiry.
Then 3 things are true :
i. Its a mistake (agreed that he is only Human :-)
ii. Correcting it is your responsibility. Not INS or the POE officer
iii. If not your ASS is in trouble the next time you deal with
INS/Consulate because you overstayed Consulates original
alloted time period without obtaining a formal extension.
(By filing I-539 or whatever )
==========================================

I-94 determines your LAWFUL presense. If your I-94 has expired, you're no longer lawfully present in the good old US of A. (Read: OUT OF STATUS). One exception: being admitted on AP. Then the duration of your lawful stay is authorized by the Attorney General.

=========Response====

I-94 DOES NOT determine your Lawfull Status unless the underlying Immigration Status is ALSO maintained as per its own rules .

Eg: H1 ... Need to be paid, Can do work ONLY as described per LCA of H1 etc.. Once you violate these rules you are illegal. This will ONLY hurt you in your next encounter with INS/Consulate if INS/Consulate "discovers" these
eventhough your presence is authorized as per I-94 .

similar for Visitors (B2) ... Cannot Work, Cannot overstay your VISA validity etc...

So looking from a consulates point of view(1 year from now) this guy appears to have violated One of the major rules of the Visitor visa by overstaying without pre-approval(by not filing I-539) and hence can be liable for penalties.

Also remember when you file I-539 you automatically get a extended I-94 at the bottom of the approval whose expiry coincideswith the status expiry.

A POE Officer simply does not have powers to stamp a I-94
for a future expiry date without any underlying supporting status.

If that was the case one just had to obtain a VISA ONCE and keep extending the I-94 by visiting the local INS district office
right ?

====================

Let me know if I am wrong.
 
eternity ....please read the lines in bold.

eternity ... please read the lines in bold.

this is from a chat session with Sheela Murthy.. .http://www.murthy.com/visi_faq.html#3
---------------------------
Question 3. I am on H1B status and my parents are here for a visit. I would like to extend their stay here. Is there any provision for extension of visitor visa? Top

It is possible for a person here on a visitor visa to apply for an extension of stay. Whether that extension will be granted depends on several factors, including the reason for requesting the extension and whether the INS is convinced that the applicant does intend to return to his or her country at the conclusion of the stay.
In order to determine how long one is allowed to stay here, you need to look at the I-94 card, which is the white card in the passport. That will have the expiration date. The expiration date of the visa is not relevant to the length of authorized stay.
 
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Freedom of Information Act request

if copy of i94 is lost.....

Question 10. I am having some problems getting a visitor's visa for a relative. She visited the U.S. before and stayed beyond the 6 months of stay that was initially allowed. She requested and obtained an extension of stay and got an extension approval from the INS. She no longer has that document or a copy of it, which is needed by the U.S. Embassy to get the visa. Is there any way I can get a copy of this from the INS? Top

There is something called a Freedom of Information Act request to INS. They have a form for this that can be requested from the INS forms line at 800-375-5283 or from the INS WebSite.. Your local INS office may also have some information on this. The form is submitted to the INS office closest to where your relative stayed when she was here before or the Service Center where her extension was approved
 
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eternity, you are wrong again.

Originally posted by eternity
They are generally unaware of the finer aspects of the law and I have heard stories of their incompetence on this very board. They are just normal clerks doing mundane things and generally when they see visitors they have a tendency to stamp a I-94 for 6 months


eternity, you are wrong again. Poe officers are not normal clerks, they have the complete authority to deny ones entry if they think there is something suspicious.
(even though one may have a valid visa)

Recently someone got deported ... follow the links
http://www.immigrationportal.com/showthread.php?s=&threadid=82527
http://www.immigrationportal.com/showthread.php?s=&threadid=77733


Meow
Click to expand...
 
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