5

My I-94 expiry date was as of yesterday and I crossed a border between Canada and USA today at 0:30. I entered Canada from USA by land (I’m Canadian PR). My trip records obviously show that I’ve left USA a day after expiry date. (18 Nov vs 19 Nov).

Would this 30 minutes overstay (mainly due to flight delay I had inside USA and border crossing queue) be a reason to void my current US visa? Would this be an issue to issue a new I-94 under current visa?

  • Did you fly to Canada or fly to an airport near Canada and then cross the border by land? – phoog Nov 20 '19 at 3:08
  • Yes, to airport near Canada (in USA) and then crossed the border by land – Alex Nov 20 '19 at 3:26
  • To clarify, the date it says on your I-94 is Nov 18, and you left on 0:30 on Nov 19? And you entered the US on a visa, and not on VWP? – user102008 Nov 20 '19 at 19:20
  • Yes. Yes, not VWP – Alex Nov 20 '19 at 23:56
8

Legally, it is your responsibility to leave enough buffer so you make it in time. Therefore, it is an overstay.

At the end, it depends on the deciding Officer - overstaying 30 mins after a delayed flight and a long line at the border would be a pretty convincing argument to me - but I am not making the decision. There is no way to know for sure until the decision is made.

it might be a good idea to keep some kind of proof, like your boarding pass and a print-out of the delay from the airline's website, to make your point that it was really only 30 minutes (and not 23 hours).
But at the end you are dependent on the officer's decision

6

Under INA 222(g) (8 USC 1202(g)), if you used a nonimmigrant visa to enter the US, that visa is automatically void when you stayed beyond the date on your I-94, for any amount of time. Furthermore, you can only apply for US visas from your country of nationality from now on (although you might be able to apply in your country of residence under "extraordinary circumstances"). These consequences are required by statute ("shall") and are not up to the discretion of an officer. See 9 FAM 302.1-9 in the Foreign Affairs Manual for more details.

  • Thanks! What does section 3 (U) mean? 222(g) doesn’t apply to aliens “Who entered without inspection”. The last time I entered USA I already had I-94 stamped and proceeded through border without inspection. Does it mean that this may apply to me? – Alex Nov 21 '19 at 6:06
  • @Alex: If you entered legally, i.e. through a regular port of entry and wasn't smuggled in or sneaked through the border, you entered with inspection. – user102008 Nov 21 '19 at 8:07
  • Thanks! And does it make sense now to apply for “extend of stay” with I-539 form? – Alex Nov 21 '19 at 14:22
  • @Alex: No. Your stay ended when you left the US. You have no stay to extend anymore. – user102008 Nov 21 '19 at 18:46

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