I-94 taken away by airlines by mistake

M

mermaid2084

New Member
While I was travelling from India to USA, I was waiting at one of the airports in USA for my connection. An airlines staff asked for my passport and by mistake pulled away my
I-94 from from it. May be I was mistaken with the other passengers that
might be travelling out side US. The officer looked at my boarding pass for the next flight
(which was for the flight going to a city in USA), however, he didnt realized and by mistake he took away I-94 from
my passport (he was doing that for other passengers too so I thought it was part of the process).

I didnt knew that it needs to be preserved till I leave the USA. I know that in case of lost/stolen I-94 I need to file I-102. However, I doubt that in my case it might have reached the USCIS.

Please help me. I am very much worried.
 
They only take the customs form. Maybe you had both together and pulling on one made the other go with it.

In any case, keep the boarding passes (both arrival and when you depart) and immediately file for a replacement I-94. Send the application for replacement I-94 by certified mail with acknowledgement due.
 
Thank you very much for your response. Will not applying for a duplicate be a problem in case my I-94 has reached USCIS?
In addition, I have following concern:
- Will I be allowed to go out of USA while my application for duplicate I-94 is pending?
 
No. You are applying for a duplicate because you don't have the I-94 in your possession. There is no problem with applying for a duplicate I-94 in any circumstance.

Yes. You can always go out of the US without providing your I-94. However, it is extremely important to keep your boarding pass and other documentation that will prove that you left the country prior to the expiry of the authorized stay, which I hope you managed to see on the I-94 that was pulled out by mistake.

You will rarely have a problem while leaving the country. Only when you attempt to re-enter, you will be questioned. At that time, you can show the boarding passes from your departure, which will prove to the Immigration officer that you left on time.

Another option for you is to go to Canada for a weekend, and then fly back in with a new I-94.

Good luck.
 
Thank you so much. You releaved my tension. One more favour please. Do I need to make a police complaint regarding this or shall I just file I-102?
 
mermaid2084 said:
Thank you so much. You releaved my tension. One more favour please. Do I need to make a police complaint regarding this or shall I just file I-102?
Click to expand...

I don't think you need to make a police complaint. But you need to file for a replacement I-94 immediately. Basically, you will have to show enough proof that you did not intend to stay illegally. If you apply for the I-94 replacement immediately after landing and realizing that the I-94 is missing, it demonstrates good faith effort to abide by the law and not overstay.

Also, if your port of entry is nearby, you can even go to the immigrations office at the airport and explain the situation. Almost all large International airports have these offices. I know of situations where people have gone back and received or corrected their I-94 cards. Since the date upto which you are allowed to stay in the country is recorded in the computer, they will just issue another I-94 upto the date recorded in the computer.

Also, if you do apply for a replacement I-94, I would urge you to stay in the country till you get the replacement before leaving if possible. Also, in this case, you need to keep a photocopy of the I-94 just for your records and also if asked by the immigration officer, you will have the proof of your stay being legal.

Of the three options, (i) applying for a replacement card (ii) travel abroad to get a new I-94 (iii) Going to immigration office in the airport with your passport to get a new I-94 after explaining the situation, I personally feel that the best option is (iii).

Also, you can call USCIS (you can get the number from uscis.gov) and enquire about what to do in this situation. In this case, please do remember to note down the badge number and name of the person you talk with along with the date and time of the call. This will help you in the future if required.

Good luck.
 
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