Valid TD Visa - Expired I-94

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Raj009

Registered Users (C)
Please consider this scenario.

1) My wife,an Indian citizen is on a TD visa which is valid till Mar 05/2008.

2) In Feb 20/07 she applied for a B2 Visit Visa and got it for 10 years.

3) We drove to Seattle from Vancouver on Mar 01-07 and she got an I-94 valid till Sep-07. B2 Visa I-94 is valid only for 6 months.

4) In Mar05/07, she visited US consulate and got the TD visa stamped in her passport. Her B2 Visa in the passport is NOT MARKED as "Cancelled without prejudice".

5)We flew to US in Mar 07. The consular officer didn't gave a new I-94. She was using the existing B2 I-94 (valid till sep-07) eventhough she got her TD visa stamped.

The question I have is whether it's ok to renew the TD visa with an expired I-94. Will there be any issues during the renewal process? Going to US consulate for stamping is an option but we prefer to renew from US by filing
I-539.
Appreciate your response.
 
She is out of status since september, the visa(s) that she has merely give her permission to request entry in that status, get an I-94, and stay until the I-94 expires (not the visa).

So, her days of illegal presence are mounting. She needs to leave US and re-enter on a new I-94 quickly. She cannot file an i-539 since she is out oof status.

What she should have done was get a TD I-94 when she entered after getting the visa (the consulates never issue I-94s), to coincide with your TN expiry.
 
Thanks Nelsona. After getting a TD visa, we flew to US from Canada. At that time the immigration folks in Vancouver airport looked at her TD visa and I-94 and didn't gave her a new I-94.

We are thinking of flying to Toronto and comeback with a valid I-94. Really appreciate your help.
 
Thank you Nelsona. You have been a great help. One last question. Can you please let me know whether there will be any issues if we travel to Canada and come back to US? Do you think the US immigration folks in the border will give us a tough time after seeing our expired I-94?

I am planning to go to Toronto next week and come back to US after couple of days. Really appreciate your response.
 
Raj009 said:
Thank you Nelsona. You have been a great help. One last question. Can you please let me know whether there will be any issues if we travel to Canada and come back to US? Do you think the US immigration folks in the border will give us a tough time after seeing our expired I-94?

I am planning to go to Toronto next week and come back to US after couple of days. Really appreciate your response.
Click to expand...

If they come to know that she was out of status for 3 months, then YES, there would be issues - including the denial to enter the US.
 
Thank you Bigboy. Me and my wife are planning to move back to India for good by Mar 08. Do you think it's a good idea to wait for a month and move back to India with an expired I-94 rather than being stuck in Canada with the possible US entry denial? We don't have any plans to come back to US.
Also if we are crossing Niagra border, do the Canadian authorities take the I-94?
 
Raj009 said:
Thank you Bigboy. Me and my wife are planning to move back to India for good by Mar 08. Do you think it's a good idea to wait for a month and move back to India with an expired I-94 rather than being stuck in Canada with the possible US entry denial? We don't have any plans to come back to US.
Click to expand...

-- May be...

Also if we are crossing Niagra border, do the Canadian authorities take the I-94?
Click to expand...

-- Yes, if you show your I-94 to them (and remind them to do so if they do not take it).
 
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