apply for i-94 extension while visiting Canada

[ag12345]

My parents have 10 yrs visitor visa. They are visiting me with I-94 valid till Oct 20th. I am thinking of filing their extension for another 2 months because they have not been able to visit US a lot as my mother became sick as soon as they came to US in April end.

we have already planned for their Canada visit from Aug 29th to Sept 15th.

1. Can we file for extension before they leave for Canada as I have heard that it takes around 2 months to get a reply for extension? (One can visit Canada for less than 30 days without needing to get a new I-94, so hopefully it should not invalidate the extension application.)

2. Is it OK to file for extension after they return back from Canada? (USCIS recommends filing for extension at least 45 days before I-94 expiration but if we wait till their return it will be less than 45 days.)

3. I have heard that if I-94 extension gets denied, it will result in cancellation of the visitor visa as well. Is it true?

4. They are going by flight to Canada. Is there any possibility that they may get a new I-94 while returning?

thanks
AG

[Trinity71]

I-94 extension

They already have active I-94 dates. They would not get new ones coming in from Canada.

Traveling to Canada before the original I-94 expiration date is fine. Not after, if you are in a pending status for the extension.

Once you have filed for the extension they go into a protected pending status for up to 240 days or until a decision is made, which ever comes first. If the extensions are approved then all is well.

However, if they are denied and the date has already passed the original I-94 expiration date, they are immediately out of status and they must leave the U.S. immediately. There is no grace period.

Also, if they go out of status as they have gone over the original I-94 expiration date and were not approved for the extension, their 10 year visas would be cancelled.

As far as when to file for the extensions, some recommend no later than 45 days, however I would advise as soon as possible so that hopefully, if they are denied, it would be before the original I-94 expiration date and they could avoid going out of status and losing their 10-year entry visas.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

[ag12345]

so it is OK to apply for extension before they leave for Canada

[Trinity71]

Applying for I-94 extension

Yes. They will still be within their active original I-94 dates.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.