Visa or I-94, which takes precedence?

[sdurbha]

Hi,
Anyone with prior experience with this situation or anyone who could point me to official US Immigration online resources, please reply.

My mom received a two month single entry tourist visa stamp that expires Nov. 12. But at the port of entry her I-94 was stamped with the duration of stay valid until March 19, 2006, six months after her entry to the US.

Could you please tell me if my mom's I-94 takes precedence over her visa stamp thus allowing her to stay beyond her visa expiration date?

Thanks.
- S

[Murali]

I94 dates are the one which governs the leagl stay in USA so she is OK to stay in US till the date given on I94

[sdurbha]

Would it be detrimental for her future visa application if she over stayed her 2-month visa still remaining within the I-94 stipulated duration?

Thanks.
- S

[saptagir]

Visa is 'permission' to enter the US, and the date stamped on the I-94 at POE, determines the duration she can stay in this country. She has to enter the US before her visa expires, ie, before Nov. 12th, which I am assuming she already did. Now she is allowed to stay till March 19th, and has to leave the country before this date. Now, if she overstays past March 19th, yes, it would be detrimental for her future visa prospects :-)
Hope this answers your query.

[nkrishnan]

Also take copies of the I-94 and keep it with you and your mom. When she goes for future visa and the question arises why she stayed past the 2 months, she can show the I-94 copy.

[Sanders]

The I-94 is the one that tells you how long you can stay in the US. It doesn't really matter whether your visa expired already while you are in the US just as long as your I-94 does not expire on you or else that would be overstaying which would probably do much harm in getting another visa in the future.

nkrishnan's suggestion to keep copies is a very good idea. I wasn't able to do that before but will start to do it now.