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Visitor visa I94 extension came after , the visitor left the country on expired I94

New York, NY |

My mother came to US on visitor visa, her I94 expired but i filed the extension much before that. When the case was under USCIS review, she had to go back to India and on airport handed over expired I94. The extension came later, and i have new I94 with me(valid). Since she left US on expired I94(which shows that she overstayed), she may have troubles coming back. Can i submit the renewed I94 somewhere ? so that the record gets updated. What shall I do ?

Attorney Answers 3


  1. Yes, she could likely face issues and have difficulty being readmitted on a tourist visa next time she attempts to come back. By simply leaving while her application was pending with USCIS she in effect "abandoned" her application, and accumulated "unlawful presence" from the day her I-94 expired; her visa got cancelled by operation of law as a result.

    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.


  2. Good for the visitor.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; 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. Have her carry all the paperwork the next time she travels to the U.S. to visit you.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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