Urgent - Pls Help! - B1/b2 Extn

J

JARBAR01

New Member
My Fathers I-94 Was To Expire In The 1st Week Of Nov'06. We Applied For My Fathers B1/b2 Extn In The 2nd Week Oct' 2006. We Got A ' Request For Evidence' Letter Back From Immigration In The 1st Week Of Dec Asking For Additional Documents Like Return Ticket / Sponsor Letter Etc, Before They Could Make A Final Decision.

In The Meantime My Father Has Decided To Go Back To India 1st Week Feb To Avoid Problems Coming Back To Us At Any Other Time... So Pls Adv How Do I Go About Getting The Original I-94 Back From Immigration (we Have A Copy Of The Same). Should I Advise The Immigration That He Is Going Back And That We Would Like To Withdraw The Application..

Thanks For Your Help!
 
First, you should never send original I-94 cards to USCIS, always send copies.

Second, if you withdraw the application then the time he has spent in the U.S. since his visa expired (November) will collect unlawful presence. I would recommend that you proceed with the extension filing even if he decides to leave the U.S. and return to his home country.
 
Thanks for your reply. But can he travel back without his original I-94, I thought that they asked for the same at the airport. Also we sent the ORIGINAL 1-94 as it was requested in the I-539 Form. Pls advise.
 
Your father will need the Original I-94 to travel back to his home country.

Here is a link that provides information on how to get it back (scroll down to the "Documents" section). This link also mentions that you should not send the original I-94 but ONLY a photocopy.

http://www.immihelp.com/visas/extend.html

I applied for an extension for my Dad 3 weeks ago and have sent only a photocopy of the I-94.

Hope this helps.
 
Thanks A Lot For The Info On Getting The I-94 Back. I Really Appreciate It. Any Idea How Long It Takes Them To Return The I-94 After They Get The Application From Us?

Also As Advised The Case Is Still Pending With Immig, As They Are Waiting For Us To Provide Additional Docs... We Have Till March 1st Week To Provide This. Since He Is Going Back Mid-feb How Should I Respond To Their Letter. Any Help Would Be Greatly Appreciated.. Thanx Again!
 
Sorry. I have no information on how long it takes for USCIS to send the original I-94 back. May be you can call their 800 number and get some info. Also ask them if there is any expedited service for it (like they have for passport renewals etc.)

As for responding to USCIS about the pending application, again, no idea. You should may be consult an immigration attorney about it.

Good luck!
 
Do not worry, I checked on the the Customs site and other websites.

Since your father leaves in a few short weeks he is not going to be able get the I-94 replacement anyways.

To exit your father does not need I-94 but his passport and visa.

My advice is that keep the copy of the I-94 with him as well as the petition for extension.

Do reply to the request for additional documents and mention that he is departing on xxx date and a copy of tkts and itinerary. This will ensure that his stay from Nov to Feb will be authorized.
 
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