If I have a valid visa but my I-94 has expired, is there a period of waiting before I can reenter the US?

Question

A relative of mine who lives in China is applying for a non-immigrant visa to visit the US, and she plans on staying from October 2008 to June 2009. Since the last time she came to visit was 11 years ago, we weren't aware that visa regulations had changed. If her visa is valid for the next five years but her I-94 expires after a few months and her request to extend her visit is rejected, is she able to return to China then reapply to enter the US again whenever (like one month later), or is there a certain waiting period, like one year, before she can return again? This is really important, so thanks to everyone who helps!!!

Answer 1

The period of stay is controlled by the I-94. If a person remains beyond the date of expiration on the I-94, even by one day, the visa that was used to enter the U.S. is automatically void by operation of law.

If a person comes to the U.S. as a visitor in the month of October, that person probably will be admitted until April (6 months). If that person wanted to stay until June, that person would need to apply for an extension of stay. If the extension is denied, that person would have to leave the U.S. within 30 days of the denial.

If she returns to China for just one month after being in the U.S. for 6 to 8 months, maybe more, the chances of her being considered "a visitor" are very poor. There is no specific waiting period before she can return again, but the chances of her being given permission to stay for any period on top of the time she already had in the U.S. would be very, very poor, unless she's about 80 years old.

If she is of working age, she would have a hard time convincing anyone that she's not living in the U.S. and is "just visiting."