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Must I-94 Be Surrendered Upon Departure

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  • #16
    From your original message it sounded like you have lost I-94. But now your position in clear. If you expect that soon you will get your Canadian Immigrant papers then you can wait for it. You have already overstayed. Once you get your Canadian papers then you do not need to get Visa for the United States.

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    • #17
      Umesh, before I forget, I want to thank you for the time you have so diligently spent trying to help me to answer my concerns. Thank you so much. I wish I could return the favor somehow, and I will (if you will provide me with an emal address). Now, to the final question. As I understand it, the Canadian consulate can take anywhere from 1 to 6 months to send that letter requesting our passports, from the first week of January, when I received the letter of approval. So should I still just sit tight here in the USA and wait, or should I leave and attempt to come back in, hoping that the INS officer will simply let me back in without any hassle? Also, if I am denied entry, will I be put back on a plane, or be brought to jail, or released on my own recognizance and be asked to report to an INS office for deporation, etc. etc.? Gee whiz, just because of one lousy error on my part. I know, I know, my mistake so I have to suffer for it. But can America, and Americans, truly be this merciless?

      thanks again.

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      • #18
        If you wouldn't get arrested here for any offence, there will be no problem. Since your whole family is here and you have approved petition from Canada then just sit tight and trust in God.
        Regarding returning a favor. My friend just pray for everybody that all their problem including Immigration be solved.

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        • #19
          Umesh. How about if he leaves the country and then sends his passport from aboad just for visa stamping after he reaches his home country.

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          • #20
            Umesh,

            My last question was really this: If I decide to leave anyway, and I come back in and the INS officer "denies" me entry, will I be put back on the plane immediately, or will I be jailed, or will I be released into American society and be asked to report for deportation proceedings, etc., bearing in mind that I would have overstayed by just 3 to 4 weeks by the time I leave.

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            • #21
              Once you have overstayed your visa is automatically cancelled. Immigration Officer can return you at the Airport. If you want to leave anyway then you will have to request Canadian Embassy to transfer your file to your native country where you can get it stamped. But it will be very time consuming to get file transferred and then getting your passport stamped there. You don't know what can happen at Canadian Consulate there. If will be better to get it stamped from here because they have processed your case here. In your native country majority of Canadian Staff will be of your country and you don't know how they will react because they will not be so lenient like Native Canadians.
              Good luck.

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