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I have a Misdemeanor case on me and my i-94 expires on very soon and I will have to leave the country.

San Jose, CA |

I am here on B 2 Visa and I have already booked my tickets to leave USA as per the 1-94 expiry date and was prepared to leave when this misdemeanor case came on me. Will I be considered illegal to stay If I stay back to resolve the case which will surely go beyond my I-94 date?

Attorney Answers 4


You are not automatically entitled to remain in the United States. However, you should remain in the United States to resolve the matter. Assuming you did not enter under the visa waiver program, you should file a request to extend your status with USCIS explaining the reason you need additional time and submitting evidence verifying the pending case.

In addition, any criminal conviction can have serious repercussions on your ability to enter the United States in the future. You should consult an experienced immigration attorney prior to accepting any plea offer.

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Mr. Segal is correct. Extend your stay and take care of the criminal matter.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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You must file for extension and prove the reason for it, i.e. pending criminal matter.

Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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File an I-539 application to extend your stay.

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