Immigration officer allowed stay for a month, but I94 shows 6 months
My parents visited the USA from June 31 to August 24, 2017 (two months). They came back on January 23, 2018. The immigration officer at the port of entry informed them that they could stay in the USA only for a month. He also mentioned that if they extended more than a month, he would make sure that they cannot enter the USA anymore. When I checked the I94, it showed six months. Should they stay here for a month and travel back or can they stay here for six months, per the I94?
Also, the other option is to visit Canada and renew the I94. Or should I contact USCIS to extend the visa? But as the I94 is valid, they might get confused with my request.
Best Answer
I think it's going to be difficult to give you a concrete and absolute answer to the question, but I think there is one obvious answer that should be followed.
Your parents should assume that the advice they got from the border agent was accurate, and they should honour the request.
There is a chance that they could stay longer and be fine - in fact, I think the odds are even pretty good that this is the case. However, the risk of staying beyond the date approved at entry is that they could be refused entry in the future for having breached the condition.
As mentioned by others, going to Canada or Mexico does not reset the I-94 time.
So, even though it may not be what they desire, I'd assume that what they were told is correct. The risk of being wrong that that time limit doesn't apply seems too high a price to pay, if they expect to be traveling to the U.S. in the future.
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How long can you stay in U.S. after I-94 expiry?
Staying more than one year beyond the I-94 expiration date will cause the foreign national to be barred from reentering the U.S. for a period of 10 years.Can I come back to the US after staying for 6 months?
Maximum Period of Authorized Stay Therefore, a person who stays for six months and, instead of applying to extend their visit inside the U.S. if they are a visa holder or a Canadian, departs and attempts to return to the U.S. in less than six months from the departure date, will be barred from re-entry for six months.How long I-94 can be extended?
Form I-94 can be extended when it's about to expire. Basically, whereas you can enter the U.S. until the date mentioned in your visa stamp, the duration of your stay is influenced by the date that was stamped in your passport when you entered the U.S. You will see that date in your Form I-94.Can I stay beyond I-94 expiry?
People who stay in the United States beyond the expiration date of their I-94 risk being barred from re-entering the country for a period of three (3) or 10 years, depending on the length of the overstay.Visa Expiration Date vs. I-94: How Long Can I Stay In the United States?
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