Legal Question in Immigration Law in Washington

To whom it may concern

I am a South African on holiday in Seattle, I have a 10 year USA multi entry visa, which was issued to me on the 9 December 2008 and valid until 7 Dec 2018. I have come twice to america on this visa. i left inbetween and traveled to South Africa ( as my understanding is that i have to leave and re enter the usa every 6 months, in order to be on holiday legally), and on return i got my new I 94 card (issued on august 30 09), which said i had to leave by february 29th 2010.

i went up to canada thinking i would get another card and would be allowed to stay another six months. i had told the border control that i was departing for south africa on the 20th jan 2010 (as i have a ticket and intended to) . so they said to me in that case i wouldnt need another I 94 card, because i would be leaving the USA before the 29th February ( as my flight is for the 20 january). but now my plans have changed and my gran needs looking after, she lives in California. so i want to stay now. in my passport i have the stamp from the Canadian border control. " jan 07 2010", so it shows i had left the states.

i suppose my question to you is.

1. is there anyway of applying for that I -94 card to be isssued now that the circumstances have changed

or

2. do i have to leave the USA again in order to obtain a new I 94 card on entry, ( and explain my situation has changed)

many thanks

panicking traveler


Asked on 1/13/10, 10:16 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

It's not clear where are you now: in USA or Canada?

If you go to Canada, you will get to keep the same I-94 card (that's a typical procedure) - there will be no new card issued for another 6 months. Usually, it's the same card.

Departing the USA and immediately coming back with intent to stay for another 6 months could be viewed as improper intent, and sometimes admission to USA can be denied and a visa revoked.

The correct procedure would be to stay in USA and while in USA apply to extend your B2 status (application and the fee are filed with the USCIS). If granted, you may be able to stay for another 6 months.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/19/10, 6:35 am


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