1-94 Expiring Question

[dstrausser83 14]

I have a question. My soon to be mother in law, who has a tourist visa wants to stay with us for 1 year because we have a baby on the way and need the help. Obviously when she gets her i94, it will be for up to 6 months.

When it is about to expire, since we live on the border with Mexico, can we simply go to Mexico and request a new I94? We live right now in Tijuana, but will be living in San Diego. Also, will she even need an i94 at all because she will be in the border zone? I know that Mexicans that are within 30 miles of the border do not need an i94.

How does that work exactly?

Thank you!

David

Edited September 5, 2012 by dstrausser83

[Teddy B 17,252]

I have a question. My soon to be mother in law, who has a tourist visa wants to stay with us for 1 year because we have a baby on the way and need the help. Obviously when she gets her i94, it will be for up to 6 months.

When it is about to expire, since we live on the border with Mexico, can we simply go to Mexico and request a new I94? We live right now in Tijuana, but will be living in San Diego. Also, will she even need an i94 at all because she will be in the border zone? I know that Mexicans that are within 30 miles of the border do not need an i94.

How does that work exactly?

Thank you!

David

I wouldn't be so sure that she will automatically be given a 6 month stay. She will have to give a legitimate reason for staying in the US for 6 months, babysitting is not one of them, and she will also have to prove solid ties to her home country just like everyone else does. I believe the border clause you speak of is only good for stays of less than 30 days, anything longer than that and I think she will be required to have an I-94.

[Harsh_77 718]

6 months or 6 weeks that call is of the CBP officer.

Just hopping over to mexico and coming back does not give her another 6 months automatically. It will be on the record she was in US and when she departed US.

In general tourist are not given more than 6 months in a year to stay in US.

[Harpa Timsah 13,260]

Border hopping is a known trick, and it will not work. If you want an extension, there is some paperwork to fill out with your compelling reason, you pay and wait for approve/deny.