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This is bad
- Thread starter tammy2
- Start date
Too bad that they were treated that way. I think BCBP should have let them enter after their son produced encashed check for visa status extension - just for a benefit of doubt.
It only proves that how much important I-94 or any proof of visa status extension. I think it's a good idea to make a folder for visitors - containing all the copies of past I-94s and visa extensions and let them carry everytime they enter. It seems learning never ends.
It only proves that how much important I-94 or any proof of visa status extension. I think it's a good idea to make a folder for visitors - containing all the copies of past I-94s and visa extensions and let them carry everytime they enter. It seems learning never ends.
sertra2002
Registered Users (C)
That is indeed sad. I feel sorry for the children in US and especially for the old couple who had to go through the ordeal without any fault of theris.
This just goes to prove that we should never discard any document relating to immigration. Even if we think its useless, retain it. You never know one day you may be thankful you saved it. If they had only copied the extension I-94 they would have been allowed.
This just goes to prove that we should never discard any document relating to immigration. Even if we think its useless, retain it. You never know one day you may be thankful you saved it. If they had only copied the extension I-94 they would have been allowed.
sertra2002 said:TIf they had only copied the extension I-94 they would have been allowed.
Yes, I-94 is everything - mother of all documents to prove visa status. I suspect while returning to India last time, parents did not return new approved I-94s to airlines (the I-94s they received with visa extension approval notice). Instead they returned expired I-94s (which is a big mistake, if they did). As a result new I-94 never got recorded to BCBP and instead they were recorded as visa overstayer against their old I-94.
I-94 hand over is very Important, but I don't think Airlines official are treating these stuff with that much care. What if after i-94 has got misplaced by airlines officials. we don;t have any proof of return with us too. Immigration officials should think about these more seriously even when collecting it back from visitors leaving, as equally as entering country.
pbkreddy said:I-94 hand over is very Important, but I don't think Airlines official are treating these stuff with that much care. What if after i-94 has got misplaced by airlines officials. we don;t have any proof of return with us too. Immigration officials should think about these more seriously even when collecting it back from visitors leaving, as equally as entering country.
Yes, before 9/11 the world was different. But after that things have changed. Nowdays airlines collect I-94s carefully and they can be fined if they don't comply or misplace I-94s.
pbkreddy said:Pralay,
I agree what you are trying to say. what all I am saying is even if Airlines makes a mistake and misplaces 1-94 we don;t have any evidence to say that we have hand overed I-94, which might affect dangerously like this case.
That's true. I agree. But I guess in this particular incident BCBP got back I-94, but the wrong one (expired). That's why they were recored to BCBP as visa overstayers. I think those parents did not return extented new I-94s to airlines.
Actually returning I-94 is irrelevent in this issue. Misplacing I-94 by airlines would not cause this kind of trouble. The problem is that these parents did not have any proof that their visa extension was approved. They did not have I-539 receipt number or I-539 approval notice or copies of new I-94s. It's a innocent mistakes from their part, but they have to pay a price for their lifetime (I don't think they will ever be allowed to enter in USA unless their son is able to find out the I-539 approval notice).
Importance of I-94
This indeed is a very sad occuring. Although I can see the pain that these people had to go through, its probably their own making.
The son should have known better that they should have kept the extension notice. As such it is too risky to have someone extent a stay beyond 6 months on a tourist Visa.
Any overstay even with extension is scruitinized by the immigration officials when you return. Unless you have (really really)x5 good reason for extending the Visa you should not. Its always better to go back and come in a few days if needed.
Having said that if you really had a good reason to overstay, then make sure that all the papers are in order. I cant believe the son is saying that he thought the Extension approval is not that important, I can only call this careless or too naive.
I have personally witnessed the harrasment of an old gujrati lady at JFK airport in 2000 when I first arrived in US. That was exactly the same case. The lady had overstayed during her last visit and even though she had stayed with extention, she did not carry the papers and had probably given the old I-94 while going back or may not have given it at all.
Therefore this is nothing new, and not because of the hightened security after 9/11. One thing that we have to understand clearly whenever we visit any country (just not US) is that its the responsibility of the Visiter to hand over the I-94 (or equivalent) to the Airline/immigration people when they move out. The airline/immigration people may not ask for it, but its your duty to give it, otherwise you are going to get into trouble.
This thing has been drilled into most of us here, and that is why I am surprised to hear those comments from the son.
This indeed is a very sad occuring. Although I can see the pain that these people had to go through, its probably their own making.
The son should have known better that they should have kept the extension notice. As such it is too risky to have someone extent a stay beyond 6 months on a tourist Visa.
Any overstay even with extension is scruitinized by the immigration officials when you return. Unless you have (really really)x5 good reason for extending the Visa you should not. Its always better to go back and come in a few days if needed.
Having said that if you really had a good reason to overstay, then make sure that all the papers are in order. I cant believe the son is saying that he thought the Extension approval is not that important, I can only call this careless or too naive.
I have personally witnessed the harrasment of an old gujrati lady at JFK airport in 2000 when I first arrived in US. That was exactly the same case. The lady had overstayed during her last visit and even though she had stayed with extention, she did not carry the papers and had probably given the old I-94 while going back or may not have given it at all.
Therefore this is nothing new, and not because of the hightened security after 9/11. One thing that we have to understand clearly whenever we visit any country (just not US) is that its the responsibility of the Visiter to hand over the I-94 (or equivalent) to the Airline/immigration people when they move out. The airline/immigration people may not ask for it, but its your duty to give it, otherwise you are going to get into trouble.
This thing has been drilled into most of us here, and that is why I am surprised to hear those comments from the son.
neocor said:This indeed is a very sad occuring. Although I can see the pain that these people had to go through, its probably their own making.
The son should have known better that they should have kept the extension notice. As such it is too risky to have someone extent a stay beyond 6 months on a tourist Visa.
I agree 100%. It's possible that his parent's I-539s never got approved. Normally in that kind of scenario, if I-539 is not approved (hence, did not receive new I-94), visitor must leave within 120 day from the expiry date of existing I-94. It seems neither did they care to check if their visa extension was approved nor did they care to leave within 120 days. In many cases I-539 visa applications get denied. In general parents don't know all the legal issues and procedures for this kind of cases. But their son knew. In the law of land, ignorance of law cannot be an excuse of breaking law.
Many things used to happen before 9/11 and people used to take visa overstaying granted. Probably 1 out of 1000 used to get caught. I guess BCBP/USCIS is getting more efficient and they catch people more often. And there is nothing to complain about if someone get stumbled at POE in this kind of situation. Legally whatever BCBP did it correct (even though I personally feel that parents should have given benefit of doubt after their son produced encashed check).
Now, it's also possible that they received approval notice with new I-94 and they misplaced it. In that case their son should find out the I-539 receipt number and try to clear his parents record of overstay (if possible, some legal steps too).
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It is very SAD...but lack of information/resources/access...
It is really very SAD...I hope n pray – it should NOT happen again….
but lack of information/resources/access...also a creates this kind of situation....some people doesn’t keep stuff in file – some doesnt know what to do....this is how we INDIANs are brought-up….we are less worry about PAPERS….
You all are talking about submitting old I-94 could be a reason - but what about this.....it happen to me...
I came to US in 97 as a student - Immigration officer never stamped my passport at Newark - though I-94 was stamped - after 2 years I went to INDIA for summer break - as usual I turned back my I-94.
While entering to USA after 25 days at NEWARK - officer said I do not see that you ever been here is USA - you suppose to join ur school in 97 and this is 2000 - bcos my carry-on was forcibly checked-in at LONDON - I had to go through a LOT - even though my passport had stamp of IN/OUT DELHI airport...Immigration officer did not believe - I had to wait until I got my carry-on and had to show him all the papers......
1. What if my luggage would NOT have made it on time…(bcos one time my luggage was sent to home by courier after 48 hrs)..
2. Who is responsible for NOT stamping my passport at the airport….
One more incident….
When one of my friends parents left USA – they never returned I-94 – bcos NOBODY asked them to….Immigration officer never stapled /attached on the passport as they entered in US – they didn’t know if they have to return it….then later they mailed I94 to my friend – and my friend mailed it to Airline and copies to INS-Vermont….
Here I want to know WHO should suffer?
It is really very SAD...I hope n pray – it should NOT happen again….
but lack of information/resources/access...also a creates this kind of situation....some people doesn’t keep stuff in file – some doesnt know what to do....this is how we INDIANs are brought-up….we are less worry about PAPERS….
You all are talking about submitting old I-94 could be a reason - but what about this.....it happen to me...
I came to US in 97 as a student - Immigration officer never stamped my passport at Newark - though I-94 was stamped - after 2 years I went to INDIA for summer break - as usual I turned back my I-94.
While entering to USA after 25 days at NEWARK - officer said I do not see that you ever been here is USA - you suppose to join ur school in 97 and this is 2000 - bcos my carry-on was forcibly checked-in at LONDON - I had to go through a LOT - even though my passport had stamp of IN/OUT DELHI airport...Immigration officer did not believe - I had to wait until I got my carry-on and had to show him all the papers......
1. What if my luggage would NOT have made it on time…(bcos one time my luggage was sent to home by courier after 48 hrs)..
2. Who is responsible for NOT stamping my passport at the airport….
One more incident….
When one of my friends parents left USA – they never returned I-94 – bcos NOBODY asked them to….Immigration officer never stapled /attached on the passport as they entered in US – they didn’t know if they have to return it….then later they mailed I94 to my friend – and my friend mailed it to Airline and copies to INS-Vermont….
Here I want to know WHO should suffer?
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lovensing said:One more incident….
When one of my friends parents left USA – they never returned I-94 – bcos NOBODY asked them to….Immigration officer never stapled /attached on the passport as they entered in US – they didn’t know if they have to return it….then later they mailed I94 to my friend – and my friend mailed it to Airline and copies to INS-Vermont….
Here I want to know WHO should suffer?
It's always visitor's responsibility to return the correct I-94.
Handing over expired I-94 of PP to airlines never pose any problem if you have new I-94 (same I-94 # as one in PP). Myself and most of folks who did visa exts while in US do get new approval notice with I-94 ext with same #(bottom right corner of approval notice I-757).
I used to hand-over expired (couple of yrs ago) I-94 in PP and used show new Visa approval notice with visa stamp in PP with I-94 extention to future date at POE.
one more thing, when POE/DHS checks I-94 # on their system, it will shows up that same I-94 # has been extended. Key is keeping extended/un-expired I-94.
I used to hand-over expired (couple of yrs ago) I-94 in PP and used show new Visa approval notice with visa stamp in PP with I-94 extention to future date at POE.
one more thing, when POE/DHS checks I-94 # on their system, it will shows up that same I-94 # has been extended. Key is keeping extended/un-expired I-94.
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Original I-94 is the most important
Its true that when we extend the Visa while staying in the US the new I-94 contains the same # as the original one that was given at the time of entry.
However it does not mean that you can get rid of the original I-94 after getting the new one. In my experience the original I-94 is always needed where ever you have to show your I-94. This includes renewing the H1, transfer of H1, H4 for spouse, Labor application, 485 application, drivers licence. All of these require a copy of the I-94 to be submitted. And even if you may have any number of I-94's before you leave the country again, the original one when you entered the country is the most valid one. You would have to submit a copy of the original always.
I may be wrong but I am of the view that while leaving if you submit the original I-94 you should be okay. The INS records will show that this I-94's validity has been extended when the Visa was renewed/extended.
Its true that there is hardly any clear cut rule written anywhere about all this. But one thing is sure, this small piece of paper even though looks like a piece of trash is the most important paper while you are in US.
And once again its not the responsibility of any of the officials at the port of exit to ask for your I-94 when you leave, its your personal responsibility that you make sure you hand over this piece of paper to them. I have not seen this rule written anywhere myself but has been drilled into me for a long time. Think about it, why would anyone (INS/Airlines) care when you are leaving out of the country, they only care when you enter.
Its true that when we extend the Visa while staying in the US the new I-94 contains the same # as the original one that was given at the time of entry.
However it does not mean that you can get rid of the original I-94 after getting the new one. In my experience the original I-94 is always needed where ever you have to show your I-94. This includes renewing the H1, transfer of H1, H4 for spouse, Labor application, 485 application, drivers licence. All of these require a copy of the I-94 to be submitted. And even if you may have any number of I-94's before you leave the country again, the original one when you entered the country is the most valid one. You would have to submit a copy of the original always.
I may be wrong but I am of the view that while leaving if you submit the original I-94 you should be okay. The INS records will show that this I-94's validity has been extended when the Visa was renewed/extended.
Its true that there is hardly any clear cut rule written anywhere about all this. But one thing is sure, this small piece of paper even though looks like a piece of trash is the most important paper while you are in US.
And once again its not the responsibility of any of the officials at the port of exit to ask for your I-94 when you leave, its your personal responsibility that you make sure you hand over this piece of paper to them. I have not seen this rule written anywhere myself but has been drilled into me for a long time. Think about it, why would anyone (INS/Airlines) care when you are leaving out of the country, they only care when you enter.
'neocor ' is right...Pralay - you are not PRACTICAL.....
Old people from INDIA - visiting first time....never-ever been in PLANE - what u expect....???
In the story of my friend written above - they never filled i94 themselves - someone filled it for them - they dint know if it needs to be returned..-officer at airport should have stapled with Passport - or there should be sign at airport - or AIRLINE people should have been taught/trained to ask for it - like they ask for PACKING and all....
Hope no one has to go through this....
Old people from INDIA - visiting first time....never-ever been in PLANE - what u expect....???
In the story of my friend written above - they never filled i94 themselves - someone filled it for them - they dint know if it needs to be returned..-officer at airport should have stapled with Passport - or there should be sign at airport - or AIRLINE people should have been taught/trained to ask for it - like they ask for PACKING and all....
Hope no one has to go through this....
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WantGCIn2005
Registered Users (C)
Can I-94 be extended on the basis of advance parol?
This may be a dumb question, but does anybody have an answer to this question?
Our H1/H4 visas expired and we are using EADs and have advace parol approved in April just before our visa expiry,so we can travel and come back legally. Our I-485 is still pending. Now since the I-94 also expired along with the H1 visa should /can we extend the I-94 before international travel? Or we just hand over the expired one at the port of exit and get a enw one when we come back? I am sure there must be some one who must have expereinced this.
Thanks.
This may be a dumb question, but does anybody have an answer to this question?
Our H1/H4 visas expired and we are using EADs and have advace parol approved in April just before our visa expiry,so we can travel and come back legally. Our I-485 is still pending. Now since the I-94 also expired along with the H1 visa should /can we extend the I-94 before international travel? Or we just hand over the expired one at the port of exit and get a enw one when we come back? I am sure there must be some one who must have expereinced this.
Thanks.
WantGCIn2005 said:This may be a dumb question, but does anybody have an answer to this question?
Our H1/H4 visas expired and we are using EADs and have advace parol approved in April just before our visa expiry,so we can travel and come back legally. Our I-485 is still pending. Now since the I-94 also expired along with the H1 visa should /can we extend the I-94 before international travel? Or we just hand over the expired one at the port of exit and get a enw one when we come back? I am sure there must be some one who must have expereinced this.
Thanks.
You just handover the expired I-94.