i94 expired is coming back a problem?

[skaught 0]

hey everyone, you guys have been great in answering questions so far.....so here's another one. i think my case is pretty complication (my lawyer agrees). i entered into the US on june 11th, 2007 with a B-2 stamp on I-94, due to the immigration inspector it expired on august 31st, 2007. i applied for an extenstion of the B-2 before i sent my AOS package away. my AOS is still being looked at, but my EAD has been printed and is being sent to me, and i recieved my AP today. I recieved an extenstion on my B-2 dated until February 29th, 2008. i am planning on going back to my home country (Canada) to visit family in July. i am not sure if i will have my GC before then.

i have read on my AP that if i leave the country 180 after the expiry of my I-94 they might not let me back in regardless of my AP.

anyone with experience or an answer would be greatly appreciated to answer! and thank you guys as well for everything!

Scott

[YuAndDan 153]

That is a strange one, virtually all K-1's have expired I-94 cards, and they have no problems using the AP to re-enter the USA, no matter if they use the AP months to years after the I-94 expired.

http://www.visajourney.com/timeline/profile.php?id=42756

Edited March 13, 2008 by YuAndDan

[skaught 0]

well i never did have a K-1 visa, so i am hoping there will be no complications

[Chica Yeyé 41]

well i never did have a K-1 visa, so i am hoping there will be no complications

So how did you do adjustment of status? From a tourist visa or other type?

[YuAndDan 153]

well i never did have a K-1 visa, so i am hoping there will be no complications

What I am pointing out, is that since K-1's don't have problems, then you too should not have problems either with an expired I-94 card.

[eau_xplain 2]

Sometime back I read an advice that those who came in on B1/B2 and VWP should avoid using the AP even if they've been granted one by USCIS. This is because when you enter with an AP, you are just paroled back into the US while you wait for the result of your case. In the event that something goes wrong with your case (e.g. a denial), then you will have to leave and you will not be able to apply for a motion to re-open or a motion for re-consideration.

I'm not sure if I do remember the details correctly, but please do more research about this and your situation. It would be a shame to leave when you are deep into your AOS process already.

[Kez/JWolf 6]

I was told by out lawyer and by USCIS that if you enter on a tourist visa or VWP and you are filling to adjust your status... if you leave the US even with AP there is no guarantee that you will be allowed to re-enter the US, and you will only be paroled into the US not admitted... I am not sure of the legal difference all I know is that there is one.... if you have an expired I-94 you should not risk leaving until you have your Greencard in your hand...

Kez

[skaught 0]

see the thing is i never should have gotten a b-2 in the first place, i was coming across the border with my wife, our infant daughter and my wife's sister. i told them that i was coming down to care for my child while my wife was finishing school and they slapped me with a b-2 visa. see this is where it gets really confusing

Edited March 14, 2008 by skaught

[skaught 0]

but i would be leaving the country before the 180 days after the expiry of the date on my newly issued I-94 (which i got in th email on March 1st, and the expiry was on February 29th)

[Kez/JWolf 6]

but i would be leaving the country before the 180 days after the expiry of the date on my newly issued I-94 (which i got in th email on March 1st, and the expiry was on February 29th)

I would still not take that risk, or you may find yourself having to start from the begining with a spousal visa from outside the US. But its your call...

Kez

[maryandatif 0]

hey everyone, you guys have been great in answering questions so far.....so here's another one. i think my case is pretty complication (my lawyer agrees). i entered into the US on june 11th, 2007 with a B-2 stamp on I-94, due to the immigration inspector it expired on august 31st, 2007. i applied for an extenstion of the B-2 before i sent my AOS package away. my AOS is still being looked at, but my EAD has been printed and is being sent to me, and i recieved my AP today. I recieved an extenstion on my B-2 dated until February 29th, 2008. i am planning on going back to my home country (Canada) to visit family in July. i am not sure if i will have my GC before then.

i have read on my AP that if i leave the country 180 after the expiry of my I-94 they might not let me back in regardless of my AP.

anyone with experience or an answer would be greatly appreciated to answer! and thank you guys as well for everything!

Scott

The general rule of thumb is not to leave the US until you have your GC...even if you have AP. It is the Border Patrol/Immigration Officer's descresion whether or not you will be allowed to re-enter the country. [at least that's how an atty explained it to me and my husband]

Mary K.

[skaught 0]

i am going to call the US customs and border patrol on monday and see what they say

[athena_ny 1]

i am going to call the US customs and border patrol on monday and see what they say

Be warned that people have received severely faulty advice from them before.

However, usually B-2 visas are obtained at an embassy...they put it in your passport at the border?

[skaught 0]

its actually a b-1 visa i apologize, but they still stamped it in my passport and on my I-94