Extended Visitor visa

[amru21]

My mom was allowed to stay 6 months on visiting visa at USA but recently when she visited Canada and reentered into USA she got NEW I-94 stamped by USA Immigration for another 6 months. I didnt apply for any extension. Can we treat this as extension and stay back for another 6 months.

[txh1b]

Yes. Was the old I-94 returned?

In the future, she should make sure to spend more time outside US in total than the period she spent in the US. If she spends 1 year here, she should spend atleast 1 year or more abroad before visiting again.

[amru21]

thank you for the info.

yes, they took her existing I-94 and gave her new I-94 for 6 months.

Concern is, she got this new I-94 while returning from neighbouring country so will this be valid and treated as extension.

can they make out whether this I-94 is through extension approval or returning from neighbouring country.

[txh1b]

thank you for the info.

yes, they took her existing I-94 and gave her new I-94 for 6 months.

Concern is, she got this new I-94 while returning from neighbouring country so will this be valid and treated as extension.

can they make out whether this I-94 is through extension approval or returning from neighbouring country.

There is no concept of new I-94 not being valid. The CBP official was lenient and issued a new I-94 by taking the old one. In general, they don't issue a new I-94.

To answer your question, It does not matter where you entered from. If the old departure record was closed and a new one issued, the latest one holds good. If the old was not closed, then it would be an issue. That is why I asked.

[amru21]

Will you please also clarify the below 2 questions about the same which is the root for my confusion...

1) Under immihelp information site it is stated that "You cannot go to Canada, Mexico either by Air or Road to get new I-94" --

and my current situation is similar to what immihelp stated i.e.,she got a new one when she reentered.

2) Will the I-94 issued through Extension application approval looks different from the I-94 what she got now??

thank you

[txh1b]

Will you please also clarify the below 2 questions about the same which is the root for my confusion...

1) Under immihelp information site it is stated that "You cannot go to Canada, Mexico either by Air or Road to get new I-94" --

and my current situation is similar to what immihelp stated i.e.,she got a new one when she reentered.

2) Will the I-94 issued through Extension application approval looks different from the I-94 what she got now??

thank you

I think you are complicating the statement. Immihelp is saying you cannot try to do that in order to get extension and the reasoning behind that is generally CBP officers do not issue new I-94s for such trips. But if a new I-94 is issued with a new date, it is not a problem.

Lot of people think it is easy to do that and it infact is not easy. It just happened to your mom due to the CBP officer being lenient. It just doesn't happen all the time and it is coined as "Flagpoling".

2. Extension I-94s look different than the white I-94.

It is the same as your mom leaving to the home country and coming back immediately and if a new I-94 is issued for 6 months, it is valid for 6 months. If you are concerned about it, she can leave sooner.

[peace]

amru21

If you stay in canada up to 30 days, no new I94 is issued.
For stays more than 30 days a new I-94 is issued with a new expiry date.
She was lucky to get another 6 months.

I suggest she use it wisely. If she spends these 6 months in US she may not be able to reenter for another year.