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My friend handed my I-94 for me, so I have stayed here longer than allowed. Will there be a problem when I depart or reenter?

Redmond, WA |

I came here with my friend on August 2012 and I was supposed to leave on January 26, but it has always been my dream to study abroad, so I stayed and now assist to College here in WA. My friend decided to leave, so I thought it would be a good idea to give him my I-94 form so he could handed it for me and tell the officer that I accidentally left it when I departed from the US. He told me everything worked right, the officer didn't even ask anything. So now it is Feb 14 and my permission to stay here supposedly already expired. According to me, the officers don't know I overstayed because my friend handed my I-94 on time for me. But I was wondering what would happen when I decide to depart and reenter the country? Will there be any problems? Or will officers think I did everything right?

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Attorney answers 4

Posted

There were ways to try to seek to study in the United States that you could have pursued rather than the conduct you have engaged in.The conduct you have engaged in can create serious problems for you. You have intentionally acted to provide false information to United States immigration officials. You can be charged with committing fraud or material misrepresentation. Furthermore, if you lie about timely leaving on future applications or entries, you will again fraud and/or material misrepresentation. This can lead to a permanent bar to admission. You are also in jeopardy of being barred for unlawful presence.

You need to consult an experienced immigration attorney before seeking any further immigration benefits from the United States.

Asker

Posted

That is horrible, I had no idea it was that serious! Well I have only overstayed for about 20 days so far, I don't want to make it any worse. I should probably try to depart and reenter again. Do you think officers will notice this action when I try to reenter? How can they confirm that I did this and overstayed?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

The United States Government treats individuals who have committed fraud or material misrepresentation very harshly. United States immigration can rely on information outside the I-94 Arrival/Departure Record to determine whether you remained in the United States longer than authorized. You may also be asked about your departure at which time you must disclose the truth or risk compounding the issue.

Asker

Posted

Well, both sides sound pretty bad. What step would you suggest me to take now? How can I solve this problem? I don t want to be banned or anything by the time I try to reenter the country.

Asker

Posted

Could I apply for a USCIS Advanced Parole to come back without being banned?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

You should retain an attorney to assist you with this matter.

Posted

What you have just stated is Fraud. Should this be discovered by border patrol when you leave the USA then you will most likely not be allowed back into the USA without a fraud waiver.
AVVO is a public forum and your questions can be read by anyone.

Asker

Posted

That is horrible, I had no idea it was that serious! Well I have only overstayed for about 20 days so far, I don't want to make it any worse. I should probably try to depart and reenter again. Do you think officers will notice this action when I try to reenter? How can they confirm that I overstayed?

Posted

The fact that you remained in the United States beyond the expiration of the initial I-94 card can result in consequences that could have long-term effects.

You did not get an extension of stay, so you are out of status with DHS. This is called "Visa Overstay" which results in the current B1/B2 visa being automatically voided. The only place you can now apply for a new visa is in your home country.

The actual consequences will be determined by how long you overstayed. I wouldn't worry about what officers "think", the real problems begin when you start lying. Do consult an experienced immigration attorney for guidance.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info

Posted

I agree with Ms. Mulder. Knowingly misrepresenting a fact to an immigration official is fraud. Fraud is a crime, and you just admitted committing a crime. I understand that other countries work differently, and it is perfectly normal to "work things out" by whatever means works, but that is not the case here. There are consequences, and it is unfortunate you took that action.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

Barbara A Marcouiller

Barbara A Marcouiller

Posted

actually, re-reading your question, it is arguable that no fraud has been committed yet, because no representation was made to the officer. The fraud, then will occur when you depart and attempt to re-enter unless you are truthful about the day you actually did leave. I'd make sure to work with an immigration lawyer, to make sure you handle it right. It could still be very problematic.

Asker

Posted

Wow, you are the only who actually did pay close attention to detail. That is right, my friend did not represent me in any way, he just stated to the officer that I had forgotten to hand back my I-94 when departing, so that was the reason he was handing it for me. He did not declare to be me in any way, he just gave the paper back. I appreciate your attention! Now, my question is, is there any way that an immigration officer can notice this happened when I depart and then re-enter?

Asker

Posted

only one*

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