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Extension of Stay

Extension of Stay

Old Oct 10th 2002, 5:25 pm
  #1  
Stuart Brook
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Default Re: Extension of Stay

Sara Muller wrote:
    > My brother is staying with me for 3 months. His I-94 says he has to
    > leave the USA by January 2nd. Is there any way for him to get a two
    > week extension?

Does he have a Green I-94W or a White I-94 ?

If a green one, he's out of luck - he must go back before the date on
the card. If it's a white one, file form I-539 with the INS and include
the right fee. He'll not get the approval or rejection back before he
leaves, but that's OK.
 
Old Oct 10th 2002, 7:30 pm
  #2  
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Location: San Diego
Posts: 20
Sara Muller is an unknown quantity at this point
Default Extension of Stay

My brother is staying with me for 3 months. His I-94 says he has to leave the USA by January 2nd. Is there any way for him to get a two week extension?
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Old Oct 10th 2002, 8:04 pm
  #3  
Stuart Brook
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Default Re: Extension of Stay

Melinda Mackenzie wrote:
    > > That sucks, he has a green one. What could they do if he just stayed
    > > the extra two weeks? He would be leaving anyway???
    > If caught, he could face a multiple year ban from the US.
    > Mel.

If he overstays an I-94W Visa Waiver, he must in the future apply for a
visa to enter the US. They will want to know why he is applying for a
visa. When told that he was an I-94W overstay, he will, in all
probability NOT be issued a visa, and he can't use the waiver process
again.

He won't get a multiple year ban until he overstays for 183 days or
more, but it might as well be, since to get a visa they will want all
manner of proof that he will return home including proof that he has a
residence abroad he has no intention of abandoning.

This is a condition of the Visa Waiver program. The ONLY way around
this was to marry a US citizen!

Stuart
 
Old Oct 10th 2002, 9:19 pm
  #4  
Just Joined
 
Joined: Sep 2002
Location: San Diego
Posts: 20
Sara Muller is an unknown quantity at this point
Default Re: Extension of Stay

Originally posted by Stuart Brook:
Sara Muller wrote:
    > My brother is staying with me for 3 months. His I-94 says he has to
    > leave the USA by January 2nd. Is there any way for him to get a two
    > week extension?

Does he have a Green I-94W or a White I-94 ?

If a green one, he's out of luck - he must go back before the date on
the card. If it's a white one, file form I-539 with the INS and include
the right fee. He'll not get the approval or rejection back before he
leaves, but that's OK.
That sucks, he has a green one. What could they do if he just stayed the extra two weeks? He would be leaving anyway???
Sara Muller is offline  
Old Oct 10th 2002, 10:28 pm
  #5  
Melinda Mackenzie
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Posts: n/a
Default Re: Extension of Stay

    > That sucks, he has a green one. What could they do if he just stayed
    > the extra two weeks? He would be leaving anyway???

If caught, he could face a multiple year ban from the US.

Mel.
 
Old Oct 10th 2002, 11:48 pm
  #6  
Just Joined
 
Joined: Sep 2002
Location: San Diego
Posts: 20
Sara Muller is an unknown quantity at this point
Default Re: Extension of Stay

Originally posted by Stuart Brook:
Melinda Mackenzie wrote:
    > > That sucks, he has a green one. What could they do if he just stayed
    > > the extra two weeks? He would be leaving anyway???
    > If caught, he could face a multiple year ban from the US.
    > Mel.

If he overstays an I-94W Visa Waiver, he must in the future apply for a
visa to enter the US. They will want to know why he is applying for a
visa. When told that he was an I-94W overstay, he will, in all
probability NOT be issued a visa, and he can't use the waiver process
again.

He won't get a multiple year ban until he overstays for 183 days or
more, but it might as well be, since to get a visa they will want all
manner of proof that he will return home including proof that he has a
residence abroad he has no intention of abandoning.

This is a condition of the Visa Waiver program. The ONLY way around
this was to marry a US citizen!

Stuart
Thanks for your help Stuart. I guess, my little brother will just have to travel home alone.
Sara Muller is offline  

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