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Is pretending to live in the U.S. with three consecutive I-94s be considered a violation of the visa?

San Diego, CA |

My wife and daughter were staying in the US with their tourist visas, and my daughter was attending public school here. Their visas were cancelled at the San Ysidro Port of Entry, and now we're starting the consular processing. My wife didn't accrue unlawful presence because she had her I-94 current, right? Thanks!

Attorney Answers 3

  1. No unlawful presence, but perhaps fraud.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  2. The answer to the "right?" question depends on details not in your post. One would need to review the record to answer it.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  3. May be asked to file fraud waivers.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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