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if your I-94 is expired how long do yo have to wait till you

 
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  • Answered by:Georgetown Lawyer
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Customer Question

if your I-94 is expired how long do yo have to wait till you can re-enter on another tourist visa? Do you have to go back to your home country of can you just go to Mexico or Canada?

 

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State/Country relating to question: California

Submitted: 892 days and 12 hours ago.
Category: Immigration Law
Value: $30
Status: CLOSED
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Expert:  Georgetown Lawyer replied 892 days and 12 hours ago.

Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience.

 

the I-94 expired but have you applied for another visa or have an extension of the original already approved?

Customer replied 892 days and 12 hours ago.

we tried to file for an extension (I-539) which was denied (with very starge reasons) ...

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Expert:  Georgetown Lawyer replied 892 days and 12 hours ago.

ok, so I-94 expired and no visa left?

Customer replied 892 days and 12 hours ago.

exactly ... we are trying to find a flight home (to Italy) or hope that we can have him stay here for the holidays with a flight to Canada ,,,

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Expert:  Georgetown Lawyer replied 892 days and 12 hours ago.

i understand...when did the I-94 expire?

how often have you visited the u.s.?

how long have you stayed each visit?

how long do you wait to return in between visits?

 

Customer replied 892 days and 12 hours ago.

the I-94 expired 08/28 ...

Last visit was for 6 months ending in Feb/2010 - on a tourist visa which was granted to him without problems ...

So between the visits were 5 1/2 months ...

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Expert:  Georgetown Lawyer replied 892 days and 12 hours ago.

ok, well it appears they feel he has visited too much and has stayed too long. in a year and a half he has been here for a year, which looks like you intend to live here. If the extension was denied he needs to wait for about a year before trying again. Each denial gets another denial and another, until they stop looking at the application and just keep denying it. the more you apply the more desperate it looks to them and that you must plan to live here because there is no desperation to go someplace if it is just a "visit." also, he has to go back to his country to get a visitor visa. if it was an employment visa then he could go to a nearby country but not for a visitor visa, that has to be issued by the u.s. Embassy in the home country. I hope this clarifies the issue for you. Please click "accept" so that I may receive credit for answering your question. I am still happy to answer follow up at no extra cost. Thanks and best regards.

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 98.8 %
Accepts: 8254
Answered: 11/2/2010

Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas

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Customer replied 892 days and 12 hours ago.

Thanks !

Fron which moment on should he wait a year? Should he get the visa beforehand in italy?

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Expert:  Georgetown Lawyer replied 892 days and 12 hours ago.

from the time he leaves a year from then. yes he needs to apply from italy. I hope that helps. Best regards

 
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