Visa Expire - SQ Flight next day @ 1:40 AM

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skkavi

New Member
My mother-in-law B2-VISA expires on Oct 21st,2006 but can I book her ticket on Oct 22nd early morning SQ Flight which departs at 01:40 AM. She will be at the airport on Oct 21st night and will be checking in at 10:30 PM.(handing over the I-94 card)

Is it legal for her to do so ? Since Oct 21st is Diwali, she would like to stay with us and that's why this risk taking.

Appreciate any response I can get.

Thanks.
 
skkavi said:
My mother-in-law B2-VISA expires on Oct 21st,2006 but can I book her ticket on Oct 22nd early morning SQ Flight which departs at 01:40 AM. She will be at the airport on Oct 21st night and will be checking in at 10:30 PM.(handing over the I-94 card)

Is it legal for her to do so ? Since Oct 21st is Diwali, she would like to stay with us and that's why this risk taking.

Appreciate any response I can get.

Thanks.
Click to expand...

Of course it does not look good if she overstays even a day, but USCIS has a 30 days grace period after the expiration of the I-94 for the alien to depart. In other words if once your I-94 expires you have 30 days to leave US before you will be a subject to sanctions and deportation. So if she leaves the next day and there is a reasonable explanation why, she will be fine...nothing to worry about

P.S. she will not be handing the I-94 card until she actually boards an overseas airplane, so the time when she will get to the airport or even takes boards a plane that will take her to a "hub city" (like New York or DC), where she will board the plane that will actually take her overseas is irrelevant...
 
well there is no grace period for any visa except J1 and maybe F1, but a reasonable reason for a day;s extra stay is okay. For example if the only available flight is one day later.
 
thanks guys

thanks very much for both of your replies guys. I am trying to reach some one in BCIS or immigration to clarify my question but I don't think I will get any answer.
 
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