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Can I get a new I-94 when returning from Canada?

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  • Can I get a new I-94 when returning from Canada?

    Hi,

    I am currently visiting friends in the USA, but my I-94 expires in June and I would like to stay longer. I read that if I apply for an extension then when I leave I would have to reapply for a new visa to come back and visit, and my multi entry visa would be cancelled.

    A few friends have told me that I can't drive across into Canada and on my return get a new I-94, so I would like to know:

    Is it possible to fly to Canada (I have a visit visa), hand in my I-94 at the airport, and get a new I-94 when I return to the USA?
    Also, is there a time period that I would need to stay in Canada for in order to get a new I-94?

    Thanks

  • #2
    Ok here are the facts;

    1.It is simply NOT true to say that your visa will get cancelled if you leave after extending your visit legally.
    The visa gets cancelled if you overstay without an extension.


    2. The rule for canada and mexico visits is ;
    *if your visit is 30 days or less, you do not need to turn in your I-94 at departure, you will be granted entry to US
    on the remaining time on the old I-94.

    Since your purpose is not to visit canada but to get a new I-94, the fact is , it is risky.
    If you turn in your I-94 at departure , and then return from canada after a few days, they will want to know why did you not avail of the
    30 day rule . If you will plead ignorance, they will only let you in for a short stay like the remaining stay on your I-94.
    A strict officer can even stop you for re-entering US too quickly and send you back to ur home country.

    THe best thing for you is to apply for an extension. You still have lots of time , so you can get a response about your extension
    before your I-94 expiry.
    When you enter US next time, carry with you the extension papers, just in case they ask.

    Comment


    • #3
      In principle you can get a new I-94 even if your trip is less than 30 days. (Air or road does not matter). But, the CBP officer at the inspection post will have full details about your previous stays in the US in their system. They are aware of this trick that people try. It is entirely possible that you will be denied entry or given a very short duration I-94 on your return. Even if that does not happen and you receive a full 6 month I-94, you will face problems in your subsequent visits.
      This is my opinion and not legal advice.

      Comment

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