Stamped "Limited Stay" for 1-month but electronic I-94 show 6-months

[Amtheyst]

Hi all,

My mom came to US yesterday, this is only her 4th visit in 16 years. She left US 1.5 years ago (she stayed 6-months last time) and 5 years ago before that (stayed 4-months). She does not speak English but got stuck in the immigration line alone. The friend who accompanied her could not join the line since she had US passport, the officer sent her to a different line.

When the officer interviewed her, she does not know exactly what he asked. Then he asked her for return ticket which she took a minute to show him. He has written "Aug 5, 2017. Limited Stay" in her stamp. However, when I checked her electronic I-94, it says "admit until date: Jan 4, 2018".

I called the local CBP deferred inspection center, they said:
(i) it is not guaranteed that the electronic I-94 is accurate
(ii) if there are any comments added by the officer, if his intend was to give 1-month, then she is admitted only for 1 month.
(iii) to know if he added any comment (or what the comment says), they have to research each case by case
(iv) I have to bring my mom to the center to find out

Sigh.
Any advice on what my best next steps are? Anyone experienced similar case and just stayed for 6-months as per I-94?

Thank you so much for the help.

[Trinity71]

Hi all,

My mom came to US yesterday, this is only her 4th visit in 16 years. She left US 1.5 years ago (she stayed 6-months last time) and 5 years ago before that (stayed 4-months). She does not speak English but got stuck in the immigration line alone. The friend who accompanied her could not join the line since she had US passport, the officer sent her to a different line.

When the officer interviewed her, she does not know exactly what he asked. Then he asked her for return ticket which she took a minute to show him. He has written "Aug 5, 2017. Limited Stay" in her stamp. However, when I checked her electronic I-94, it says "admit until date: Jan 4, 2018".

I called the local CBP deferred inspection center, they said:
(i) it is not guaranteed that the electronic I-94 is accurate
(ii) if there are any comments added by the officer, if his intend was to give 1-month, then she is admitted only for 1 month.
(iii) to know if he added any comment (or what the comment says), they have to research each case by case
(iv) I have to bring my mom to the center to find out

Sigh.
Any advice on what my best next steps are? Anyone experienced similar case and just stayed for 6-months as per I-94?

Thank you so much for the help.

I would go by the Aug 5th date if you cannot get a definite verification. If you go with the Jan 4th date and it really was approved only until Aug. 5th, she would be out of status as of Aug. 6th and they could revoke the visa all together as well as her ending up with a ban from entering the U.S. for several years. It's just not worth the risk.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[newacct]

It's the I-94 that is authoritative.

[sasvi]

Hi all,

My mom came to US yesterday, this is only her 4th visit in 16 years. She left US 1.5 years ago (she stayed 6-months last time) and 5 years ago before that (stayed 4-months). She does not speak English but got stuck in the immigration line alone. The friend who accompanied her could not join the line since she had US passport, the officer sent her to a different line.

When the officer interviewed her, she does not know exactly what he asked. Then he asked her for return ticket which she took a minute to show him. He has written "Aug 5, 2017. Limited Stay" in her stamp. However, when I checked her electronic I-94, it says "admit until date: Jan 4, 2018".

I called the local CBP deferred inspection center, they said:
(i) it is not guaranteed that the electronic I-94 is accurate
(ii) if there are any comments added by the officer, if his intend was to give 1-month, then she is admitted only for 1 month.
(iii) to know if he added any comment (or what the comment says), they have to research each case by case
(iv) I have to bring my mom to the center to find out

Sigh.
Any advice on what my best next steps are? Anyone experienced similar case and just stayed for 6-months as per I-94?

Thank you so much for the help.

So, take your mom to the center to find out...Forum participants` do not always the information the CBP has. And yes, I-94 can be wrong...I had one corrected - they used an expired visa in the POE instead using the new one (even worse, not the first entry with the new visa) - maybe because I spent few minutes just talking about the issues with traffic in Atlanta and the city, commute from suburbs and so on.. and he was not paying attention to the paperwork...

To correct it took less than 5 minutes!!!

You can solve this easily in one visit and do the things in the right way...or you can take the risk...would you be OK in case your mom is never admitted again?

[Amtheyst]

Stamp was binding...

Thanks everyone for your input. I did go to CBP local center and they said though there are no additional comments in the system, since "Limited Stay" was written on the passport stamp, that was the intent of the officer; they corrected the I-94 to show 1 month. They did not give any reasoning on why it was given for only 1 month, I understand that they don't need to give reasons.

Now, I am planning to apply for visa extension. I cannot seem to find concrete information on...
1. any idea on the probability of extension application being approved or declined?
2. If she is denied the extension, do they cancel the 10-yr multiple entry B2 automatically? (considering that she overstayed, while waiting for the extension decision?)
3. Does going to Mexico or Canada for a week and come back after Aug 5th would help get another stamp?

Thanks so much.

[newacct]

1. any idea on the probability of extension application being approved or declined?

Hard to say.

2. If she is denied the extension, do they cancel the 10-yr multiple entry B2 automatically? (considering that she overstayed, while waiting for the extension decision?)

If she is still in the US when it is denied, and it's past the date on the I-94, then yes, the visa she used to enter is automatically void by INA 222(g). But if she leaves before they decide on the application, then the visa is not affected. Keep in mind that Extension of Status / Change of Status applications take 4-5 months these days, so if she is only staying for 1 or 2 more months, chances are that she will leave before it's decided, and then it won't matter whether the application would have been likely to be approved or not (it will be automatically abandoned; and even if they accidentally render a decision after she leaves, it will have no effect).

Note that if you didn't get the I-94 date changed, visa voiding by INA 222(g) definitely won't happen until the 6 months is up.

3. Does going to Mexico or Canada for a week and come back after Aug 5th would help get another stamp?

Whether to allow entry and how long to admit is always at the whim of the officer. It's impossible to predict. But they would see the previous admission of 1 month and a return so soon after the previous departure, and I would say chances are not good.