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Overstaying I94

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  • Overstaying I94

    My dad came to visit me in the US on a B1/2 visa with a 6 month stay granted on his I94. His return flight has a connection in Canada and he needs a transit Visa from the Canadian Consulate. We started the process in early March and figured there should be plenty of time to get him the Canadian Visa. Long story short, to this day he still hasn't gotten his passport back from the Canadian consulate, and his I94 is expiring on April 30! His return flight is on April 27! He is running the risk of overstaying his I94, because without his passport I can't even put him on a flight that doesn't have connections in Canada.
    What will be the consequence if he overstays? Can he ever visit the US again? What can we do to avoid it? Can I file an extension for his stay without a passport?
    Help please.

  • #2
    I think you need to call the canadian consulate asap ( you should have done this sooner) and explain them the situation.

    Overstay of I-94 by even one day will automatically render his visa void. He won't be able to enter US on that visa again.
    And getting another visa will also become very difficult due to that overstay.

    If you have a copy of his passport, you can file an extension , sure. That will keep him legal till the response comes.

    But extension denials received after I-94 expiry can have possible consequences . So I suggest , you put all your weight on getting the passport backfrom the canadian consulate, even if your dad has to visit them. And let him leave before April 30.

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    • #3
      Overstaying I94

      I did try to call the Canadian consulate, but was not successful in getting any information. They do not answer calls about visa status. I tried emailing them and have yet to hear back from them. I have thought about having my father going to their office to retrieve his passport, but there is no indication on whether they would even accept such a request.
      Maybe filing an extension for his stay is the only viable option here. Any other suggestions?

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