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M-1 Visa expired Mar 29 2013. But I-94 dates says Jan 04 2013. Can I stay in the US till May 2013?

New York, NY |

I joined another class which ends in May, will I be considered an overstay if I leave only in May? I am currently on the 30-day allowance period after M1 visa. What would be the consequence if I leave the US in May?

Sorry meant to type I-94 expires Jan 04 2014!

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Attorney answers 3



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.



What should I do then? My class doesn't end till May, and it is only 5 hours a week, so I am not eligible for a student visa.


No, you may not stay even one day beyond your I-94's expiration date.

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.


You can stay in the US as long as your I-94 is valid.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(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.

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