Legal Question in Immigration Law in New York

Re: 6-month entry stamp vs. 12-month visa

You mother-in-law has to leave the US before her I-94 (the white card stapled in her passport) expires, e.g. before July 2007. If she does not want to leave, she has to file an application to change/extend her non-immigrant status. She should do so immediately because this application needs to be received by USCIS before her I-94 expires. Re-entering through Canada does not sound like the best option to me. Should you wish to retain an immigration attorney to work on this case, I would be happy to help you. Best of luck!

Re: 6-month entry stamp vs. 12-month visa

The "valid until date" on the I-94 card your mother in law received upon entry to the U.S. governs the term of her stay in the U.S. She has the choice of extending it for another 6 months if she applies prior to its expiration and is otherwise in valid immigration status or applying for a brand new visa at an overseas U.S. Consulate. Consulates in Canada do not automatically process US visas for non-Canadians and this needs to be checked with each consulate separately. The norm is that the applicant should go to her home country to apply.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

Re: 6-month entry stamp vs. 12-month visa

This is not a huge problem. It can be easily fixed by petitioning for an 'extension' of her visa with an I-539 petition.

If she misses the July deadline, that will not be fatal but will require filling out more documents and paying a penalty.

You are welcome to a consultation for no fee. Email is best to make an appointment.