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Can I present a copy of I-797 at US customs?? Please someone help me!!! Thank you!
- Thread starter xlixx004
- Start date
A form I-797 is not a visa. It is a notice of approval. It may NOT be used in place of a visa. (Not 'risky'. Just impossible).
It is unclear from your post if you now have a visa stamped on your passport. It is not unusual for the consulate to retain the I-797 if they stamp a visa on your passport. If you have a visa, whether you have the original notice of it's approval with you or not is usually irrelevant.
However, a photocopy of such an I-797 MAY be required in certain rare cases while filing for other unrelated immigration benefits, and it is useful if you have a copy should such a need arise. Having the original is always best, of course, but not a disaster if you don't.
The I-94 you will receive upon entry into the US with a valid visa is more important.
The original I-797 is important if it is an approval notice of an extension or change of status that was granted while you were in the US, in which case it will have an original I-94 attached to it, which is required to be surrendered at port of embarkation, upon exiting the US.
It is unclear from your post if you now have a visa stamped on your passport. It is not unusual for the consulate to retain the I-797 if they stamp a visa on your passport. If you have a visa, whether you have the original notice of it's approval with you or not is usually irrelevant.
However, a photocopy of such an I-797 MAY be required in certain rare cases while filing for other unrelated immigration benefits, and it is useful if you have a copy should such a need arise. Having the original is always best, of course, but not a disaster if you don't.
The I-94 you will receive upon entry into the US with a valid visa is more important.
The original I-797 is important if it is an approval notice of an extension or change of status that was granted while you were in the US, in which case it will have an original I-94 attached to it, which is required to be surrendered at port of embarkation, upon exiting the US.
Thank you for your replies. I do have the visa stamp. I have callled and faxed the embassy several times and finally got a call back today and was told that they don't have my I-797 form. They keep saying that I have it but I DON'T!!! I think I would know if I have such an important document!! People are so stupid sometimes!!! So I think what happened was that they don't want to admit that they either lost it or misplaced it in someone else's file. Anyway, now that they say they don't have it, there's no way of me getting it back. Any suggestions for my situation now? So I will use the copy at the port of entry if they ask me. But what about the future? Will I need the original for any status change? Thank you!!!
greentea01
New Member
xlixx004 said:Thank you for your replies. I do have the visa stamp. I have callled and faxed the embassy several times and finally got a call back today and was told that they don't have my I-797 form. They keep saying that I have it but I DON'T!!! I think I would know if I have such an important document!! People are so stupid sometimes!!! So I think what happened was that they don't want to admit that they either lost it or misplaced it in someone else's file. Anyway, now that they say they don't have it, there's no way of me getting it back. Any suggestions for my situation now? So I will use the copy at the port of entry if they ask me. But what about the future? Will I need the original for any status change? Thank you!!!
How about asking USCIS new one by explaining that you had lost it ?