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I-94 Stay

Rancho Cordova, CA |

I am staying on my I-94 in the US as my Visa has expired, when I am applying for a new Visa, in the questionnaire there is a question which goes like this:

Have you ever over stayed in the USA?

What should be my answer, YES or NO

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Attorney answers 3


Your I-94 controls your stay in the US.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


If you have not stayed longer than the time given to you on your I-94, then you have not "over stayed" within the meaning of the law.

The information provided is given for general purposes only. It is not meant to provide any specific guidance or give any legal advice. It is recommended that you bring your specific situation to a licensed attorney for a more complete and thorough evaluation.


Once admitted to the US, it is the I-94 card that governs the terms of your stay in the USA.

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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