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I-94

添加1,610字节1年前
以上只是一般性的解释,具体 Unlawful Presence 和后果,详见 https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-bars-to-admissibility 若有疑问,请咨询律师。因为涉及到禁止入境美国的问题,请格外慎重。如果有不理解的地方,千万不要想当然,而是咨询专业人士。
== I-94过期后离开美国 ==
按照 INA 222(g) Nonimmigrant visa void at conclusion of authorized period of stay
(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.
(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-
(A) on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or (B) where extraordinary circumstances are found by the Secretary of State to exist.如果在超过Authorized Stay后离开美国,则签证在离开美国后注销。签证注销后,必须回护照签发国重新签证,而不能去第三国。这里主要是防止有人跑去墨西哥/加拿大签证,转一圈就转身回来。
关于逾期导致签证被撤销,国务院的外交手册 Foreign Affairs Manual 在第9章 Visas 里面有提到: 9 FAM 302.1-9(B)(1)(c)(4) Applicants with Pending Change of Status or Extension of Status Applications: An applicant is not ineligible under INA 222(g) even though the departure date on Form I-94, Arrival-Departure Record, passes, if: (a) The applicant files a timely application for extension of stay or for a change of status; and (b) The application is approved. In addition, if an applicant departs after the date on the Form I-94 passes, but before their application for extension or change of status has been decided by USCIS, they must be subject to a blanket exemption from INA 222(g), if the application was filed in a "timely manner" and is "nonfrivolous" in nature. You may consider an application nonfrivolous if it is not, on its face, a groundless excuse for the applicant to remain in the United States to engage in activities incompatible with their status. Posts may be satisfied that an applicant filed in a timely manner using evidence such as a record in USCIS Person Centric Query Service (PCQS) or the dated receipt or canceled check from USCIS for the payment of the application fee to extend or change status together with evidence of the expiration of the applicant's legal status.<br />==我有好多 I-94,都没过期, 应该用 到底 哪个 是有效的 ?==
最后'''生效'''的的 I-94。
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