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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107591
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Good evening, My O1 visa will expire in 1 month from now and it seems

Customer Question

Good evening,
My O1 visa will expire in 1 month from now and it seems that my I-94 form is already expired. Will this interfere with applying for an O1 visa extension, even if I have all the necessary documentation/past proof of work to support my O1 Visa extension?
Submitted: 1 year ago via ForeignBorn.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.
Unfortunately, yes. You cannot extend a status that has already expired. You are out of status. When did the I-94 expire? Why did you let it expire? What country are you from?
Customer: replied 1 year ago.
I didn't know it was so important because my o1-visa is still vallit. I'm from Belgium. So, there's nothing I can do? Not even applying for an O1-visa extention..
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
The visa only controls entry, not how long you can stay. When did the I-94 expire?
Customer: replied 1 year ago.
04/12/2015
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. Per the regulations, your current visa is automatically cancelled. Take a look at this link on the 7th page:
http://www.state.gov/documents/organization/87498.pdf
Luckily, since it has only been a little over 2 months, you have no automatic penalty. Unless you are going to apply for Asylum or marry a U.S. Citizen (for love, nor papers), you will need to leave the U.S. The faster you do it, the easier it will be convince a visa officer that your overstay was brief, accidental, and that it would not happen again. The closer you get to 180 days of being out of status, the harder that will be to do. Once you reach 180 days of unlawful presence, you activate the 3 year bar that you cannot come back for 3 years unless you get a very hard to get waiver. It is 10 years if you reach 1 year or more of unlawful presence.
So leave the U.S. as quickly as possible and apply for a new O-1 from outside of the U.S.
My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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