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  1. #1
    Join Date
    Jan 2012
    Posts
    3

    Default I-193 Length

    Hi Everyone,

    I just had a problem coming into the united states a few days ago. It seems that back in September I overstayed 2 days after the expiration of my H1B visa (i was not aware you only got a 10 day grace period, I looked online extensively before it expiring and found mostly diverging opinions, most of them saying I had at least a one month grace period. It is my fault for not doing better research though).
    Since I stopped working here I have been living in DR but still been coming quite often as my girlfriend still lives here and I still have an apt on lease. I've had a couple of trips to China, one to Europe, and on my return from each I have passed by the US for a week or two. I have also come a few times just to visit. This is to say that the 2 day overstay had never been brought to my attention in the past 5 months even though I had been coming in to the country quite often. It was brought to my attention this Tuesday upon my entering the country through Miami. The officer told me that they deport people for less, even for a one hour overstay. He was very nice though and told me that because I seemed like a good person, he would give me the choice between being deported back to DR or give me a "free" pass into the US if I paid $585 and came in with an emergency visa or as it is called an I-193.

    I am a french citizen so I have always been able to come in without a Visa, simply with ESTA. The officer told me that those days are done, that I will from now on always need a visa to come into the states. So the first question I wanted to know an answer on, was whether this was etched in stone and there was nothing I could do about it (probably is) or if there's anything I could do to overturn this?

    Secondly, I'm simply passing by the USA, got here on Tuesday and was leaving Friday Morning to London which I told to the officer. I was going to spend a couple of days in London then go to Frankfurt for a fair and then pass by Paris to visit family before heading back into the US for a few days and then flying back to DR.
    This is not possible anymore as I now need a Visa to get into the country, otherwise I get deported. I need to go direct from Europe to the Dominican Republic. The problem is that direct flights from Europe to the DR are crazy expensive, which means that I have to cut off a part of my trip. After looking at possible routes, the best thing is to cut off London and go directly to Frankfurt on Tuesday, the problem is that I do not want to risk any type of overstay again, that is the last thing I want.
    So I have been looking around online and can find no information relating to the length of this I-193 visa. Can anyone please enlighten me on this subject??

    Thanks to all and best regards.
    NADJVC

    p.s. Please excuse my uber long post, it is my first and I have a hard time keeping things shirt or easily legible! Sorry!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: I-193 Length

    At the bottom, it was approved under a code section and should have the valid until date.
    What does it say in the approval area?

  3. #3
    Join Date
    Jan 2012
    Posts
    3

    Default How Long Does I-193 Allow Me to Stay in USA

    HI,

    I was let into the USA only if I paid $585 for an I-193 because I had unknowingly previously overstayed on a work visa which nullified my visa waiver status. I told the customs officer that I would leave on Friday but it now turns out that I would be better suited to leave on Tuesday, or even Monday.
    Am I tied, with the I-193, to the date I told the officer or do I have a certain amount of time during which I can stay in the US. If I do leave on Tuesday it would be 1 week after getting the I-193.

    Today is Friday so if I don't get an answer I will be booking a last minute flight in order to avoid any further issues. If anyone does have the answer to do this please do let me know.

    Thanks!
    NADJVC

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Long Does I-193 Allow Me to Stay in USA

    An I-193 is a form used by an alien who is a legal resident of the United States to reenter the United States if he is not in possession of his passport or visa. You say you were attempting to enter as a tourist (so you're not a legal resident of the U.S.) and that your issue was a prior overstay (not your inability to provide a passport or visa). How is that form relevant to your situation?

    If you are permitted to enter the U.S. despite not having your passport and/or visa, the duration of your permitted stay will be defined by your I-94.

  5. #5
    Join Date
    Jan 2012
    Posts
    3

    Default Re: How Long Does I-193 Allow Me to Stay in USA

    I was coming into the states as a tourist on ESTA because I am a french resident and do not need a Visa. Before that, ending in September, I had an H1B visa which expired on the 13th of September. Because I overstayed 2 days on that visa, the officer told me I could not come in on ESTA anymore, so the normal procedure was to deport me back to my country of origin where I would now need to get a visa in order to come back into the US.
    He said that because I seemed like an honest person and did not know of this issue prior, he would let me in on an emergency visa for which I had to pay $585, this is the I-193. He said that this could not be used to reenter the states and that on my next visit I would need a proper visa. I did not get an I-94 though, simply this I-193.

    I am wondering how long I could stay in the states under that status, is one week acceptable?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Long Does I-193 Allow Me to Stay in USA

    I see this has been merged with another thread. You confuse your post and make it less likely that people can help you when you split your basic facts and issues relating to a single question into multiple threads.

    If you read about a "one month grace period" for a H1B visa, you either looked very hard for bad information or were reading about a different visa. There is officially no grace period for a H1B visa, the ten day period being unofficial - the amount of time the USCIS generally allows the H1B holder to wrap up his affairs and return to his nation of origin without calling it an overstay.

    It sounds like the immigration officer treated you as ineligible for visa waiver due to your overstay, but allowed you to enter with the I-193 in lieu of your presenting a valid tourist visa. If you told the immigration officer that you would remain in the U.S. until Tuesday, I expect that's what he anticipated you would do when he allowed you to enter. How long did you tell him you would be in the U.S.?

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