Urgent - visitor visa stay

M

mmhan

Registered Users (C)
Hi, My cousin is in US on visitor visa which is valid (as stamped on the passport) until 15th July'2005. But when he entered US he was given a six month stay on his I-94 which is valid till Nov'2005 (he entered US in June'2005). He planned to stay in US till September'2005 as i think he can legally stay in US till Nov'2005 as stamped on his I-94.
Now my question is that is he overstays his visit (according to the passport visa validity stamp) would there be any problems in the future for obtaining a visitor visa again for US. Some people said that its better to go back before the date your visa in the passport expires even if your I-94 is valid as when you apply for visitor visa again in future they qustion you on your stay and deny the visa at that time. Is it true? Can anyone please advise me on this asap as we'll have to book his ticket then. Or if anyone had an experience like this please share.

Thanks
 
From my understanding, the visa stamp on the passport is the permission to enter and the actual visa (number of days you are permitted in the country) is determined at the port of entry.
 
The visa on the passport just allows you to travel to the US. The actual duration of the stay is determined at POE. So your cousin is legal to stay as long as I-94 is valid.
 
Transit Visa query

I've another question:
If my cousin stays in USA according to I-94, does he have to take German transit visa when he flies back to India in September as his valid visa on the passport ( he's an Indianpassport holder) will expire in July'2005.
Any advice is greatly appreciated.
Thanks
 
Hi! Hope this helps. Your cousin may stay in the US as long as his I-94 is valid I suggest you to tell your cousin to visit www.foreignimmigration.com where they have immigration lawyers that will advise him further on this or any other doubt he might have.
 
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