I-94: a half an hour overstay
My I-94 expiry date was as of yesterday and I crossed a border between Canada and USA today at 0:30. I entered Canada from USA by land (I’m Canadian PR). My trip records obviously show that I’ve left USA a day after expiry date. (18 Nov vs 19 Nov).
Would this 30 minutes overstay (mainly due to flight delay I had inside USA and border crossing queue) be a reason to void my current US visa? Would this be an issue to issue a new I-94 under current visa?
Best Answer
Legally, it is your responsibility to leave enough buffer so you make it in time. Therefore, it is an overstay.
At the end, it depends on the deciding Officer - overstaying 30 mins after a delayed flight and a long line at the border would be a pretty convincing argument to me - but I am not making the decision. There is no way to know for sure until the decision is made.
it might be a good idea to keep some kind of proof, like your boarding pass and a print-out of the delay from the airline's website, to make your point that it was really only 30 minutes (and not 23 hours).
But at the end you are dependent on the officer's decision
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What happens if I overstay my i94?
Overstaying by 180 Days or More Triggers Unlawful Presence Inadmissibility Bar. Anyone who stays continuously in the U.S. without a proper visa for more than 180 days but less than 365 days and then leaves is barred from returning to the U.S. for three years.What happens if I overstay my b2 visa?
If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.Visa Expiration Date vs. I-94: How Long Can I Stay In the United States?
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Answer 2
Under INA 222(g) (8 USC 1202(g)), if you used a nonimmigrant visa to enter the US, that visa is automatically void when you stayed beyond the date on your I-94, for any amount of time. Furthermore, you can only apply for US visas from your country of nationality from now on (although you might be able to apply in your country of residence under "extraordinary circumstances"). These consequences are required by statute ("shall") and are not up to the discretion of an officer. See 9 FAM 302.1-9 in the Foreign Affairs Manual for more details.
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