Can she legally travel in the US with an expired I-94 immigration card? 5 Answers as of December 17, 2010

My girlfriend is her on a B-2 Visa. She has applied to change here status but her I-94 card expired. Can she still still travel within the USA with an expired I-94 card? Or will she have a problem?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your girlfriend has a problem. Once her I-94 card, showing when she needs to return to her country, is expired, she is out of status and has overstayed. If she leaves before 6 months have passed by, she will have no bar to reapplying for a future visa, however, she will be subject to further inquiry in the future. If she gets her application for change of status granted, when she returns to her country to get her entry visa to match the visa status given to her, she will possibly be denied for having overstayed. It is not certain, but it is subject to her answer on the reason for her overstay. If you want (or she wants) to discuss it further, then she/you may call or e-mail to set up an in-person or telephone consultation. Best to you.
Answer Applies to: California
Replied: 12/17/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Within the US it should be fine. If she has, indeed, applied for a change of status in a timely manner, she should also carry her proof of receipt for that change of status with her.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 11/30/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
If your girlfriend has a pending application for change of status she can travel without an problems.
Answer Applies to: Florida
Replied: 11/23/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
She should have her notice of action receipt notice showing her change of status is pending and was filed before the expiration of the I-94. Before travelling, it may be a good idea to checked the online status with the USCIS website, to make sure sure the case is still pending. If asked for her immigration status at a road checkpoint, she should tell the truth.
Answer Applies to: California
Replied: 11/22/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
The fact I-94 card expired means her visa expired. She should go back to her own country and get another visa.
Answer Applies to: Florida
Replied: 11/22/2010
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