The answer is yes! I’ll explain.
This is your U.S. Immigration Minute where we give you Immigration Tips & News without the Politics.
Whenever a foreign national travels to the U.S. On a temporary non-immigrant visa, he or she is issued an I-94 record which can be accessed electronically.
As a general rule, the I-94 expiration date always rules over the visa expiration date. For instance we had a client whose visa issued by the U.S. Consulate abroad expired without a new application being filed to renew. Panic set in, yet I knew the client had travelled frequently on their L non-immigrant visa in and out of the U S. Since issuance of their visa.
I had my paralegal go online to check the expiration of the I-94 as we all waited with bated breath. The Outcome was a relief. Despite the consulate issued visa expiration, U.S. customs border and patrol had approved our clients’ I-94 to remain in the U.S. for another 3 months beyond visa expiration.
We were able to successfully prepare and file a visa extension timely for 2 more years without any gap or unlawful presence accruing to the applicant; and all done while she remained in the U.S. without issue.
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