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I have a weird situation and would like to know if anyone else has faced the same. My parents came to US towards end of April 2019. The I94 they got showed they can stay here until end of Oct (6 months period). They stayed with me in US for a couple of months and then flew to Canada to stay with my sister. They came back after a little over 2 months there and got a new I94. I have heard that going to Canada from US does not renew your I94 date, but for some reason they got new dates when they came back. The new date is 6 months from the current arrival from Canada (Mar 2020) and the old expiry date on I94 of end of October is not there anymore. Does this mean they can legally stay here for another 6 months without applying for extension? Or should we still apply for extension? Please advise.
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It's up to the officer whether to admit them for another 6 months. There is some rule that people visiting on VWP do not get a new 90-day period of admission if they just go to Canada or Mexico, but your parents are on visa, not VWP.
This is my personal opinion and is not to be construed as legal advice. -
Thank you for the reply. Sounds like, we should just go off of the new I94 date. If the immigration official deemed that it is ok for them to stay another 6 months, then we don't need to file for an extension to stay beyond Oct 2019, since the new I94 is valid until March 2020.Comment
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That's correct. Your parents are lucky.Originally posted by rkazmi123 View Post- I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.
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