Need urgent help

[amerika]

Dear all,
I have a problem and I need your urgent help.
I entered the US on one year B1 Visa on 01 November 2007, at the airport that day I looked at how much they stamped for me and I have seen NoV01 2008, and I closed my passport. Since that day I did not look at my passport till yesterday when I was preparing my application for a Visa to canada I noticed that the month was not clear anymore. Maybe beacause I closed the passport and the ink was not dry yet.
I worried, I might not get the Canadian visa so I called the Costumes of the borders protection, after some search they called me back, and they said that I was out of status and that my I-94 expired on January 31 2008. I think they did a mistake as the day in my I-94 appear clearly that it is a 01, so it can not be 31 as they said. I just want to know what can I do in this case. I am really sure the expiry of my I-94 was Nov 01 2008, but just can not prove since the month is not clear anymore. Please I need your urgent help

[txh1b]

There is not much you can do. Forget about Canada visa, your US visa is at risk. B1 I-94s in general are not granted for more than 2-3 months based on the business need presented. No visitor is granted more than 6 months max.

You can try for nunc pro tunc but may not get much success and will end up accumulating more unauthorized presence while waiting for a decision. If that exceeds 180 days, you will have a 3 year ban and for greater than 365 days, it will result in a 10 year ban.

Now, if you leave on your own, you can apply for a visa again and explain what happened and try your luck at the consulate.

Generally, overstays render your multiple entry visa void and requires one to reapply for the visa.

Consult an attorney.

[amerika]

Thanks Txhb1 for your reply, but what is nunc pro tunc please tell me.

Thanks

[PraetorianXI]

Thanks Txhb1 for your reply, but what is nunc pro tunc please tell me.

Thanks

Nunc pro tunc is a Latin expression in common legal use in the English language. It means Now for then.

Nunc pro tunc or now for then is a phrase which theoretically applies to acts that are allowed to be done after the time when they should have been done with a retroactive effect.

But I completely agree with Txhb1. There is no way that you were given a 1 year stay... forget about the Canada visa and go back home. Leave the USA now before you get deported and you may need to re-apply for another B1 visa, since this one is automatically voided.

[sylvia]

Urgent; I-94 problem!!!

Dear Thread,

I read your msg. that "...I called the Costumes of the borders protection, after some search they called me back, and they said that I was out of status and that my I-94 expired on January 31 2008."

Please, I need urgently to resolve a problem with I-94 form. I traveled last time to US from Canada Sept 2006 (1 week in Canada** week in US) >> when I entered US I was given I-94, but when I returned back to Canada (and from there - the same day connection flight to Europe >> nobody asked me about I-94. So, since that time I kept I-94 with me. Two weeks ago I applied for B1/B2 visa for US and I was given 221 (g) "Administrative Processing". They told me to mail I-94 to an address in KY, which I did immediately. But as I understand from the website >> it takes months and months to correct the departure record by USCIC!!!

Please, can you help me and tell on which phone you called the Costumes of the borders protection??? I need phones or e-mails to contact them if possible.

Thanks in advance,

Sincerely, sylvia

[txh1b]

Slyvia,

Not knowing the rules can do much harm. An alien is required to educate him about the process at all times. As you mailed your I-94 to London KY address along with proof of your departure, Airline ticket confirmation and/or boarding pass, Entry stamp in Europe from passport, they will correct your departure record in 4-8 weeks possibly.

The consulate will then check on your violations of overstay and probably call you back for a visa.

Good luck!