Alexander Gilbert

Hi, I entered the US in Boston on March 23rd and supposed to leave on June
22nd, I'm currenlty in Los Angeles. Is is possible to extend my visa waiver
I-94W? Have you ever done so?

I'm thinking about making a trip to Mexico.

Thank you.

Joachim Feise

Alexander Gilbert said on 5/22/2004 8:11:

    > Hi, I entered the US in Boston on March 23rd and supposed to leave on June
    > 22nd, I'm currenlty in Los Angeles. Is is possible to extend my visa waiver
    > I-94W?

No. The I-94W can *never* be extended.

    > I'm thinking about making a trip to Mexico.

After trips to adjacent countries, you can only be readmitted for the reminder
of the 90 days allowed on the visa waiver.

-Joe

Alexander Gilbert

http://uscis.gov/graphics/howdoi/extendstay.htm

This link refers to I-94. This is not the same type of visa waiver?

About the round trip across the borders, I do have friends and heard too
many people saying that they've done so. One day before or even the last
day. I guess it's just a "up to the custom officer".

What about making a trip to Mexico right at the end of my visa waiver dates
so that I live the country, stay there for a month and then come back. What
happens then?


"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > Alexander Gilbert said on 5/22/2004 8:11:
    > > Hi, I entered the US in Boston on March 23rd and supposed to leave on
June
    > > 22nd, I'm currenlty in Los Angeles. Is is possible to extend my visa
waiver
    > > I-94W?
    > No. The I-94W can *never* be extended.
    > > I'm thinking about making a trip to Mexico.
    > After trips to adjacent countries, you can only be readmitted for the
reminder
    > of the 90 days allowed on the visa waiver.
    > -Joe

crg

You're right, they can never be extended.

However, I disagree with the contiguous/adjacent country part. It's at the discretion of the officer at the border. He can give them another 90 days or readmit for the remainder of the time given at the initial admission if he feels like it.

The person attempting this can expect tough questions, and possibly a refusal. If the traveler needed more than 90 days, they're supposed to apply for a visa. It's always risky to try this. The traveler should be prepared to fly home from theadjacent country if they get stuck there.

Joachim Feise

Alexander Gilbert said on 5/22/2004 14:01:

    > http://uscis.gov/graphics/howdoi/extendstay.htm
    >
    > This link refers to I-94. This is not the same type of visa waiver?

No. The I-94 is white, and if given to visitors entering on non-immigrant
visas.
People entering on visa waiver do not have a visa by definition (the visa
requirement is waived, hence the name "visa waiver") and get a green I-94W.
The allowed stay on an I-94W can not be extended.
INA214: "No alien admitted to the United States without a visa pursuant to
section 217 may be authorized to remain in the United States as a nonimmigrant
visitor for a period exceeding 90 days from the date of admission."

When entering with a visa waiver, you also waive your right to a hearing in
front of an immigration judge in case of a denial of entry (you sign that
on the back of the I-94W.)

    > About the round trip across the borders, I do have friends and heard too
    > many people saying that they've done so. One day before or even the last
    > day. I guess it's just a "up to the custom officer".

Actually, it is *not* up to the officer.
It is in the law. 8CFR217.3:
"(b) Readmission after departure to contiguous territory or adjacent island. An
alien admitted to the United States under this part may be readmitted to the
United States after a departure to foreign contiguous territory or adjacent
island for the balance of his or her original Visa Waiver Pilot Program
admission period if he or she is otherwise admissible and meets all the
conditions of this part with the exception of arrival on a signatory carrier."

    > What about making a trip to Mexico right at the end of my visa waiver dates
    > so that I live the country, stay there for a month and then come back. What
    > happens then?

8CFR217.2(c):
"(2) Applicants arriving at land border ports-of-entry. Any Visa Waiver Pilot
Program applicant arriving at a land border port-of-entry must provide evidence
to the immigration officer of financial solvency and a domicile abroad to which
the applicant intends to return."

In this case, it is up to the officer. They have the info about your previous
stay in their system, and can easily deny entry if they feel that you may have
immigration intent.

-Joe

CalgaryAMC

It is possible to enter Canada, surrender the I-94W departure record at the border and return on a new I-94W. I've done it.

But I have been living in Canada during that time (on a work permit and as a permanent resident).

I am familiar with the particular regulation quoted above, and cannot find an exception to the above for someone from a VWP country who lives in Canada or Mexico. So how have I been able to do it?

crg

<<<<<SNIP>>>>>
"(b) Readmission after departure to contiguous territory or adjacent island. An alien admitted to the United States under this part may be readmitted to the United States after a departure to foreign contiguous territory or adjacent island for the balance of his or her original Visa Waiver Pilot Program admission period if he or she is otherwise admissible and meets all the conditions of this part with the exception of arrival on a signatory carrier."
<<<<<SNIP>>>>>

It is up to the customs officer if you get a fresh 90 days or be readmitted for the remainder. Let's break this regulation down.

"An alien admitted to the United States under this part may be readmitted to the United States after a departure to foreign contiguous territory or adjacent island for the balance of his or her original Visa Waiver Pilot Program admission period "

"MAY be readmitted to the United States ... for the balance"

You "MAY" be readmitted. It doesn't say MUST, or CAN, or CAN ONLY. It says they "MAY".

The Inspector's Field Manual states that the officer can readmitt for the remainder or give another 90 days at their own discretion if the alien lives in the adjacent country or not.

I'll try to locate the exact wording and post it here. The field manual used to be posted online, but the link I had for it has disappeared.

Allowing the officer to have discretion makes sense. Imagine a Japanese citizen who flies into Seattle, is admitted for 90 days, then drives up to Vancouver the next day for an 88 day English class in Canada. They arrive back at the landborder with the US 89 days after their initial VWP admission and present their passport, their I-94W with one day left, tickets for the final 3 games of the World Series in Los Angeles, and confirmed airplane tickets to Narita dated one week from that date. Of course the officer can admit them for another 90 days. They use their discretion and admit this person for a new 90 day period.

Okay, now onto the part about surrendering the old I-94W. Surrendering the I-94W and coming back with time left does not ensure another 90 day admission. Even if you surrender the old I-94W, the officer may readmitt you for the remainder of the inital period of admission and write an "R" in box #13 of a NEW I-94W. So you could come back with 1 day left and no I-94W. The officer could stamp a new I-94W, write the "R" and say, "be out by midnight, buddy".

NOTE: By "remainder" it doesn't mean the number of days you didn't use. The remainder is the date you were intially admitted until.

I'll try to post the field manual interprettation tomorrow.

crg

The reason the regulation says you "MAY" be readmitted for the remainder is because it allows the officer to give someone less than 90 days. Normally the VWP is for 90 days, no more, and no less.

The law doesn't require that the officer give them less time, it only ALLOWS the officer to give less time.

There are only two situations where an officer is permitted to limit the alien's stay under the visa waiver program. They may give less than 90 days when readmitting from contiguous or adjacent countries. They may give less than 90 days when the alien's passport is not valid for 90 days.

lairdside

Hmm.. I thought visitors under the VWP could be allowed a sort of extension of up to 30 days for emergency medical reasons i.e. they or for instance a minor child for whom they are the carer are hospitalized with a medical emergency and they are unable to depart the US within their period of authorized stay.

Is this just folklore then?

crg

That's called a "satisfactory departure" and isn't really an extension. You can bring your hardship case to the USCIS office and they endorse the back of your I-94W with a 30 day date to get out of the US. If you make it out before the end of the 30 days then you can still use the VWP again at a later date. They are pretty much saying "close enough". However, these are rare and reserved for extreme cases. If you don't have a body or a hospital bill to show them, they'll most likely tell you to take a hike.

lairdside

Ah. Thank you for clearing that up for me. I had heard of it but had been unable to verify in it anything tangible.

Yep, I was under the impression that the circumstances had to be very extreme and unforseen (someone in ICU for instance), no doubt a medical opinion with some weight would be also be required or warranted to say that the person was in no way fit to travel ANYWHERE.

So, it's more of a "under the circumstances we will cut you a break and take a lenient approach to things."

Would it be classed as an administrative decision then?

lairdside

I found this but the link is no longer valid:

Sec. 217.3 Maintenance of status. (Section revised effective 4/1/97; 62 FR 10312)



(a) Satisfactory departure. If an emergency prevents an alien admitted under this part from departing from the United States within his or her period of authorized stay, the district director having jurisdiction over the place of the alien's temporary stay may, in his or her discretion, grant a period of satisfactory departure not to exceed 30 days. If departure is accomplished during that period, the alien is to be regarded as having satisfactorily accomplished the visit without overstaying the allotted time.

Where did they move it to I wonder? I take it that it has been amended but is still in there somewhere?

crg

Yes, it would be an administrative decision. I'd characterize it as discretionary relief.

Unlike a real extension, you can't stay in status for several months by simply asking for this benefit.

I'll have to look into it. I don't even know if there's even a fee for it, or where it is in the law.

crg

The USCIS/CBP management is severely limiting the discretionary waivers it allows. They don't want to be the beauracrat who approves one of these only to have the alien commit some sort of terrorist attack or sniper crime (Lee Boyd Malvo was given a break from a district office after the Border Patrol caught him).

I know these have been granted as recent as two months ago, but I don't know if the District Directors make the decision anymore.

lairdside

Thank you again. I really am appreciative, this has been bugging me for about 2 years now. It seems to be little known and draws a blank almost everywhere.

I figure that the resoning is that if someone is that ill they'll be fit to travel either alive or in a box within 30 days. If they aren't (say they are alive on life support) then, well they've got bigger problems than an overstay to worry about.

Made my day