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?

Asked almost 2 years ago - 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?

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

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    Answered . 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.

  2. Barbara A Marcouiller

    Pro

    Contributor Level 15

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    Answered . 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.... more
  3. Kyndra L. Mulder

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    Answered . 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.

  4. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

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    Answered . 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.... more

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