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My wife is on L2 which is valid till 2019. When she entered US her passport was to expire in 6 months and the I94 was given only for that period. We got the passport renewed however did not realise that the I94 was only until last month. Now as per my company her status is illegal and she will have to travel back for stamping. Is it possible that we can go over to Canada and and enter back as I have read that we should get a new I-94 by doing that? Please advise.
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She would have to return to her home country for re-stamping. You would not be able to do so in Canada, as she has not maintained continued lawful presence here in the U.S.Originally posted by JR29 View Post
This is my opinion and not legal advice. Use of this information is strictly at your own risk.
Trinity71 -
Thanks. I was just trying my luck to see if they would just allow us to enter back based on the VISA(since dependent only and was a honest mistake) else she will travel back from Canada to India.Originally posted by Trinity71 View PostComment
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You can try going to CBP office. They will match the I-94 based on Spouse I-94.Comment
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Just to update...I travelled with my wife across to Canada and returned back and at border they asked for my wife's new passport and gave her a new I94. So all goodComment
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You can give it a try to visit Canada & be ready to go to India from there. I've seen some cases where the visa/I94 was given at Canada consulate and at the same time some were asked to go to India.
But before that, better to visit CBP locally & ask them, if they can help without a visit outside country - admitting a honest mistake is fine.- I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.
If my opinion helping you, then please do click "like" button below.Comment
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