US B2 Visa Depature Date - flight just after midnight, entry period ends the day before

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Since his flight leaves on the 8th, he will be considered to have left on the 8th, which is after the date on his I-94. The U.S. has no exit controls; the information they use come from passenger manifests from the airlines, which will list the time of the flight.

The most direct consequence is that his visa (the one he entered on) will be void (if it is still valid). He will need to apply for a new visa the next time he wants to visit. He will also not be able to use the Visa Waiver Program (if he is from such a country) in the future.

Whether it will have an effect on his future visa applications is impossible to say. In my opinion, how long he stayed in the U.S. (whether legally or illegally) has a bigger effect than just overstay or not.

It should have no effect on you.

One thing he can do to not get his visa voided is to apply for an Extension of Status (EOS) before his I-94 expires. As long as it's filed before the I-94 expires, and is non-frivolous, time while the EOS application is pending is considered authorized stay. The processing takes 3-6 months, so he will definitely leave before then, and the application itself will be abandoned (whether they would have approved or denied it is irrelevant). But applying for EOS also costs several hundred dollars, so it's not necessarily better than changing the flight.

P.S. If you are talking about the date they stamp below the entry stamp, you should also check the date on the electronic I-94 here. Sometimes they are different and the stamp is wrong.

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