Passport Stamps or I 94

[cloveg0503 0]

So guys i have a question my mom and dad enter the us on 4/11/2018 and when they get here they get stamp on the passport saying until July 9 2018 but when i check the i 94 it saying 10-10-2018 so i want to know which one i just base on when exiting the us? i got them the ticket until 9-12-2018 i dont really know wat to do now.

[randomstairs 303]

July 9, 2018 is the one. They gave them 3 mo rather than 6. Very common. Change the ticket to a date before July 9, 2018 (or buy a new one).  

[Going through 5,671]

6 hours ago, cloveg0503 said:

So guys i have a question my mom and dad enter the us on 4/11/2018 and when they get here they get stamp on the passport saying until July 9 2018 but when i check the i 94 it saying 10-10-2018 so i want to know which one i just base on when exiting the us? i got them the ticket until 9-12-2018 i dont really know wat to do now.

POE determines the duration of stay----they are allowing them to stay for a shorter time.  Exit before the July date.

[az2014 381]

37 minutes ago, Going through said:

POE determines the duration of stay----they are allowing them to stay for a shorter time.  Exit before the July date.

Wrong.

3 hours ago, randomstairs said:

July 9, 2018 is the one. They gave them 3 mo rather than 6. Very common. Change the ticket to a date before July 9, 2018 (or buy a new one).  

Wrong.

 

OP ignore these 100% wrong posts!

 

The online i94 record is the correct date, NOT the stamp.

[Going through 5,671]

16 minutes ago, az2014 said:

Wrong.

Wrong.

 

OP ignore these 100% wrong posts!

 

The online i94 record is the correct date, NOT the stamp.

You're right---sorry about my misstep, OP!  I forgot that the I-94 is the control date when the two dates conflict.

[randomstairs 303]

3 hours ago, az2014 said:

Wrong.

Wrong.

 

OP ignore these 100% wrong posts!

 

The online i94 record is the correct date, NOT the stamp.

Not according to CBP. They will have to explain to the CBP why they ignored the stamp. Formally the I-94 is the date but that wasn't the question. Should they go by the I-94 rather than by the stamp? No, unless they want to risk a future problem with CBP or even ICE. You are advising them to take chances because they are formally allowed to stay longer. I would not advise that at all, assuming high risk aversion. 

[WeGuyGal 1,052]

Parents should go to a CBP deferred inspection station to synchronize the two dates. 

[randomstairs 303]

10 minutes ago, WeGuyGal said:

Parents should go to a CBP deferred inspection station to synchronize the two dates. 

Indeed! One of the dates is obviously incorrect and a safe assumption is that the mistake was made when issuing the I-94 and not when stamping the passport. Most likely they will issue a corrected I-94 if they go to CBP deferred inspection station but them may also get lucky and the stamp will get corrected.  

[geowrian 22,337]

Telling a user not to post is against the VJ TOS. Personal attacks are against the TOS.

 

Being wrong is not against the VJ TOS, but I don't suggest anybody pursuing that path either.

[SusieQQQ 11,586]

3 hours ago, randomstairs said:

Indeed! One of the dates is obviously incorrect and a safe assumption is that the mistake was made when issuing the I-94 and not when stamping the passport. Most likely they will issue a corrected I-94 if they go to CBP deferred inspection station but them may also get lucky and the stamp will get corrected.  

Could go either way, i've seen reports of both - people going to CBP stations and sometimes the stamp gets corrected later, and sometimes there is a notation in the system that the CBP officer made indicating s/he did intend a shorter period than 6 months and then the I94 is corrected shorter. Only way to know for sure is to go - and at the end of the day that leads to much less stress too.

 

 

[randomstairs 303]

2 minutes ago, SusieQQQ said:

Could go either way, i've seen reports of both - people going to CBP stations and sometimes the stamp gets corrected later, and sometimes there is a notation in the system that the CBP officer made indicating s/he did intend a shorter period than 6 months and then the I94 is corrected shorter. Only way to know for sure is to go - and at the end of the day that leads to much less stress too.

 

 

Exactly. 

[Ryan H 3,812]

***Two posts violating the TOS (abusive language) removed along with posts quoting; Administrative Action taken.***

[Loren Y 2,755]

   The period of authorized stay a business visitor or tourist can remain in the U.S. is controlled by their I-94 Entry and Departure Record within the Customs and Border Protection database. Usually, though not always, this period coincides with the stamped date in the Nonimmigrant’s passport. When the two are in conflict, the U.S. government will rely on the I-94 record.

   The normal admission period for the U.S. Visa Category and the validity of the actual visa are not reliable indicators of a Nonimmigrant’s I-94 Period of Authorized Stay in the U.S. For example, although an E-2 visa holder may have a 5 year-visa in their passport, they can generally only be admitted to the U.S. for up to two years. Similarly, an E-2 visa holder with a 3-month validity can also be admitted up to the same two year maximum on any given visit to the U.S.

     Nonimmigrants traveling to the U.S. should exercise the utmost caution in checking their passports and I-94s following entry to the U.S. Often, a Nonimmigrant visitor to the U.S. simply relies upon their visa validity or their understanding of the usual period of admission for their visa type, and assumes that they are being admitted for that duration at the Port of Entry. However, it is important to remember that the I-94 controls, and if the Nonimmigrant overstays the authorized I-94 period, by even one day, they are accruing unlawful presence in the U.S.

 

Per my attorney, Even though I would trust him with my life if it came down too it, It is up to you to decide, he is not your attorney, but he insists the U.S Government goes by the I-94 record as stated above.

Edited April 17, 2018 by Loren Y

[little immigrant 801]

1 hour ago, Loren Y said:

   The period of authorized stay a business visitor or tourist can remain in the U.S. is controlled by their I-94 Entry and Departure Record within the Customs and Border Protection database. Usually, though not always, this period coincides with the stamped date in the Nonimmigrant’s passport. When the two are in conflict, the U.S. government will rely on the I-94 record.

   The normal admission period for the U.S. Visa Category and the validity of the actual visa are not reliable indicators of a Nonimmigrant’s I-94 Period of Authorized Stay in the U.S. For example, although an E-2 visa holder may have a 5 year-visa in their passport, they can generally only be admitted to the U.S. for up to two years. Similarly, an E-2 visa holder with a 3-month validity can also be admitted up to the same two year maximum on any given visit to the U.S.

     Nonimmigrants traveling to the U.S. should exercise the utmost caution in checking their passports and I-94s following entry to the U.S. Often, a Nonimmigrant visitor to the U.S. simply relies upon their visa validity or their understanding of the usual period of admission for their visa type, and assumes that they are being admitted for that duration at the Port of Entry. However, it is important to remember that the I-94 controls, and if the Nonimmigrant overstays the authorized I-94 period, by even one day, they are accruing unlawful presence in the U.S.

 

Per my attorney, Even though I would trust him with my life if it came down too it, It is up to you to decide, he is not your attorney, but he insists the U.S Government goes by the I-94 record as stated above.

Source please. 

[Loren Y 2,755]

21 minutes ago, little immigrant said:

Source please. 

https://www.khurgel.com/i-94s-passport-stamps-and-periods-of-admission-what-does-it-all-mean-the-importance-of-understanding-how-long-you-can-remain-in-the-u-s/

 

Here is the link directly to my attorneys page. Hopefully they don't suspend my account for posting a link to try and help you out. The Admin here might think I am trying to advertise. So as a disclaimer... I am not advertising for or recommending this attorney. I am posting this link to help a fellow VJ'r.