DUI, I94 validity and I94 Departure date


dui_due

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Hi,

  I got DUI on 12/31/2016. My case is still pending. I am aware of VISA revoke for DUI. I have been checking my e-mail US Consulate Chennai. So far, I haven't received any e-mail from Chennai. Today when I checked my I94 Travel history, I found that it shows a departure date of 1/5/2017, where as my I94 validity shows 8/31/2019. I am still in the US.

   I am really worried about the departure date. Does it mean that I am deported and I need to leave US immediately? Or can I stay here based on my I94 validity date. It would be of a great help if you can reply if any one of you had this situation like this.

 

    I know I made the biggest mistake of my life by driving while drunk.

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I got to know my VISA also was revoked on 1/5/2017. My I94 travel history shows that the same day I departed US. As I said in the previous post, when I checked my I94 date online in CBP website, it shows that my I94 is valid till 31st Aug 2019.

Please help me to understand if I can still stay here till 2019? I am really tensed.

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I am not a legal person.. but i think your status will not change because of this, which means you can stay in US till your i94 date and if you go out of US, you cannot re-enter US with the same visa and its upto the consular you meet(outside US if you need to stamp) or you might have prob in the POE(if you dont need to stamp).

You will have prob when you apply for extension if you are on temporary work visa that, you need to work with chennai consulate to prove that you are in US and clear the departure entry

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Do not worry... you can stay till your I-94 expires..Your Visa must have been revoked otherwise you will not have an entry for departure.. call the Chennai consulate and check the validity of the VISA..

The same thing happen to me a while ago.. After getting a DUI, the Department of state puts an entry stating you departed from the country. Not sure why they do this and as this is happening for many peoples this is not an error and it may be done intentionally.

Anyways that is not a big deal.. I tried to resolve it in many ways starting from CPB officer (CPB deferred inspection officers will direct you to Chennai consulate stating they have not made an entry and will ask you to talk to Chennai consulate ) 

Chennai consulate will create a ticket and will research on it for 3-4 weeks and they are going to come back and ask you to work with department of state which is actually a consulate.

I am tired of trying to fix it and gave up..

consequences that you will encounter,

1. I applied for renewal of H1B and RFE stating I am not in country - Provided all documents and proof that I am in the country H1B Approved.

2. Drivers license renewal - Save cannot verify your presence and it takes 4 months to process.. I am still waiting on the feedback.

not sure what other problems we might face.. but don't care... you will still have legal presence in US.

 

Permanent resolution -

clear out your case.. visit Chennai and risk stamping if it is a first DUI and you clear your medical test you will be fine and again it depends on mood of the officer.

travel back to USA, a new arrival and departure record.. and a valid VISA..

Temp solution

do not think about it and stay in USA as long as you can without travelling .. H1B renewal RFE will come submit docs on your presence and you should be fine..

 

 

 

 

 

 

 

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  • 1 month later...
On 1/25/2017 at 5:50 PM, kksk said:

Do not worry... you can stay till your I-94 expires..Your Visa must have been revoked otherwise you will not have an entry for departure.. call the Chennai consulate and check the validity of the VISA..

The same thing happen to me a while ago.. After getting a DUI, the Department of state puts an entry stating you departed from the country. Not sure why they do this and as this is happening for many peoples this is not an error and it may be done intentionally.

Anyways that is not a big deal.. I tried to resolve it in many ways starting from CPB officer (CPB deferred inspection officers will direct you to Chennai consulate stating they have not made an entry and will ask you to talk to Chennai consulate ) 

Chennai consulate will create a ticket and will research on it for 3-4 weeks and they are going to come back and ask you to work with department of state which is actually a consulate.

I am tired of trying to fix it and gave up..

consequences that you will encounter,

1. I applied for renewal of H1B and RFE stating I am not in country - Provided all documents and proof that I am in the country H1B Approved.

2. Drivers license renewal - Save cannot verify your presence and it takes 4 months to process.. I am still waiting on the feedback.

not sure what other problems we might face.. but don't care... you will still have legal presence in US.

 

Permanent resolution -

clear out your case.. visit Chennai and risk stamping if it is a first DUI and you clear your medical test you will be fine and again it depends on mood of the officer.

travel back to USA, a new arrival and departure record.. and a valid VISA..

Temp solution

do not think about it and stay in USA as long as you can without travelling .. H1B renewal RFE will come submit docs on your presence and you should be fine..

 

 

 

 

 

 

 

hey kksk,

 

could save finally verify your presence for the drivers license. I have got myself in the same issue. Applied for license renewal this week and have got issues with save verifying the legal presence. My license is expiring soon, what do you think I should do?

please respond

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  • 4 weeks later...

Hi , I am in similar situation where the I-94 departure date is updated. Please let me know what steps you had to do to prove that you are still in the country. I94 was issued with validity till September 2018. Departure date got updated with 6 December. Does it mean that I am over staying ? Please anybody with any information respond to this. Many thanks.

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