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Urgent Question; Please respond
- Thread starter Abhay
- Start date
Originally posted by Abhay
Hi All
My Sister-In-Law got one month visa from US Embassy (Delhi) and when she came here they stamped her I-94 with 6 months stay stamp.
My question is, can she stay here for 6 months or 1 month ?
Thanks for ur response.
Abhay
The one month is the Validity of the Visa, during which period she has to travel, now when she lands here, her stay is decided by the Immigration officer at the port of entry, so if the I 94 says 6 months, then thats how long she can stay here.
Hope this helps
Abhay
I think POE officer overlooked her visa expiration date and stamped a 6 months stay on i-94. As per my guesstimation, stay will be only for a month till visa is valid and NOT i-94 stamp.
Again this is just my guess. U may need to consult any immigration lawyer or ask a question to Ms Murthy on free chat session (Mon evening 9pm)
I think POE officer overlooked her visa expiration date and stamped a 6 months stay on i-94. As per my guesstimation, stay will be only for a month till visa is valid and NOT i-94 stamp.
Again this is just my guess. U may need to consult any immigration lawyer or ask a question to Ms Murthy on free chat session (Mon evening 9pm)
gcwaiting-2001
Registered Users (C)
I think she can stay for 6 months
As far as I understand you need to enter within visa validity but you should be able to stay for 6 months. Just confirm with attorney or some other experts.
As far as I understand you need to enter within visa validity but you should be able to stay for 6 months. Just confirm with attorney or some other experts.
Upstate_NY
Registered Users (C)
People are confused with Visa vs Duration of Stay.
A US Visa stamped oversees only entitles one to enter the US before its expiration. It does not guarantee authomatic entry to the US because that is left to the Immigration Officer at the POE. Its the date stamped by the Immigration Officer in the I-94 at the POE that determines how long one can stay.
A person with a 1 month visa can receive 6 months at the POE. Thats a blessing. A reverse can and has happened many a times. For eg: folks with 10-yr visa can only stay 6 months at a time, again based on the I-94 stamp.
I know of a person, who received a 3-month tourist visa from Madras and a 6-month on his I-94 at JFK, faced problem at Madras 5 yrs later when he applied again for a visit visa. He had to explain the fact that he was given 6 months at the POE. Sometimes, the embassy folks don't like POE Iimigration Officers authorizing a stay longer than what the embassy intends.
In either case, one can stay upto the date stamped on the I-94 at the POE, regardless of the visa duration. Visa is just for travel and I-94 determines the stay.
Hope this info helps.
A US Visa stamped oversees only entitles one to enter the US before its expiration. It does not guarantee authomatic entry to the US because that is left to the Immigration Officer at the POE. Its the date stamped by the Immigration Officer in the I-94 at the POE that determines how long one can stay.
A person with a 1 month visa can receive 6 months at the POE. Thats a blessing. A reverse can and has happened many a times. For eg: folks with 10-yr visa can only stay 6 months at a time, again based on the I-94 stamp.
I know of a person, who received a 3-month tourist visa from Madras and a 6-month on his I-94 at JFK, faced problem at Madras 5 yrs later when he applied again for a visit visa. He had to explain the fact that he was given 6 months at the POE. Sometimes, the embassy folks don't like POE Iimigration Officers authorizing a stay longer than what the embassy intends.
In either case, one can stay upto the date stamped on the I-94 at the POE, regardless of the visa duration. Visa is just for travel and I-94 determines the stay.
Hope this info helps.
parvardigar
Registered Users (C)
Abhay,
Reverse had happened in my Nephew's case. He was
given a six month visa from an officer at Mumbai. But the whole had a surprise immigration done at Shanon Airport in France. His visa was cut in from six months to three weeks. When I checked with lawyer, he informed me that he can not stay here for more than three weeks. We later applied for an extension as he was here for conference and
his visa was extended.
What I want to say in your case is that your sister-in-law can stay here for six month as POE made a (good!!) mistake. Also you can apply for an extension just before her six months expires.
Reverse had happened in my Nephew's case. He was
given a six month visa from an officer at Mumbai. But the whole had a surprise immigration done at Shanon Airport in France. His visa was cut in from six months to three weeks. When I checked with lawyer, he informed me that he can not stay here for more than three weeks. We later applied for an extension as he was here for conference and
his visa was extended.
What I want to say in your case is that your sister-in-law can stay here for six month as POE made a (good!!) mistake. Also you can apply for an extension just before her six months expires.