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Form I-94 at POE

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tamachandesu

Registered Users (C)
Does anyone think that I'll have any problem when I re-enter the US without I-94? I filled out and submitted I-94 Form to the immigration officer when I entered the US for the first time, but the officer did not return the Form. She got my fingerprint and put a temporary green card stamp on my passport. I stayed in the US for a week. Then, I was told by the airline staff that I might have a problem when I re-enter the U.S. without I-94 Form. I went home, anyway. Do you think what the airline staff said to me is correct? I would appreciate your advice in this matter. Thanks.
 
tamachandesu said:
Does anyone think that I'll have any problem when I re-enter the US without I-94? I filled out and submitted I-94 Form to the immigration officer when I entered the US for the first time, but the officer did not return the Form. She got my fingerprint and put a temporary green card stamp on my passport. I stayed in the US for a week. Then, I was told by the airline staff that I might have a problem when I re-enter the U.S. without I-94 Form. I went home, anyway. Do you think what the airline staff said to me is correct? I would appreciate your advice in this matter. Thanks.
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I-94 is not required for Permanent Resident. The reason why the immigration officer didn't give you the I-94 back because you're not suppose to have one. The temporary green card stamp is all you need to get in and out the U.S.

The airline staff that you talk to probably don't know about immigration regulations. They probably didn't know that you're a U.S permanent resident.
 
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Filling out a I-94 can be constructed as intent to abandon your permanent residency so make sure you never fill one out again, no matter what the airline tells you. Just take the I-94, smile, and throw it away.
 
nscagony and Gerindo,
Thanks for your kind reply to my question. The answers are clear to me. So, I ignore the form I submitted to the immigration officer at the US airport when I entered in the US? I think so.
 
nscagony said:
Filling out a I-94 can be constructed as intent to abandon your permanent residency so make sure you never fill one out again, no matter what the airline tells you. Just take the I-94, smile, and throw it away.
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Would it be necessary for me to contact Homeland Security or USCIS to cancel my I-94 that I gave to the immigration officer at the port of entry? Is this a big problem when I re-enter the US? Please help me find out about this?
 
tamachandesu said:
Would it be necessary for me to contact Homeland Security or USCIS to cancel my I-94 that I gave to the immigration officer at the port of entry? Is this a big problem when I re-enter the US? Please help me find out about this?
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I don't think that's necessary. I assume that was your first visit to the U.S.

Here's how the I-94 works:
When you enter the U.S as non-immigrants, you need fill in the I-94 cards before going to to the immigration check.

At the immigration check point, you give your passport and the I-94 to the immigration officer. He/She then will check your passport, visa, and ask some questions about your reason for coming to the U.S. If the officer approved your entry, He/She then will stamp your passport and the I-94. Half portion of the I-94 (the long part), will be kept by the officer, while you will be given back the other half of (the short part).

The I-94 that the officer gives back to you will be your proof that you entered the U.S legally and has passed the Port of Entry check. It is very important that you don't loose the I-94 while you're staying in the U.S.

When it is time for you to leave the U.S, you need to give the I-94 and your boarding pass to the airline staff at the aircraft departure gate when you about to depart. Usually, during check-in, the airline staff will take your I-94 from your passport and staple it together with your boarding pass. It is important that the I-94 is given to the airline staff with your boarding pass because this will be a proof that you have left the U.S legally.

So..as you can see, I-94 is only use when you are in the U.S. It is a proof that you entered the U.S legally as a non-immigrants. In your case, since you're an immigrant (Permanent Resident), you don't need a I-94. Period! You have nothing to worry about.
 
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To Gerindo, first of all, congratulations on your having received the KCC's winning letter! I'm sure that you'll have a green card soon, as I long as I see your number in EU. Anyway,
thanks for your detailed instruction about I-94. I now can see very clearly what I-94 is about. It is, as you told me, a proof for non-immigratnts in the US; I didn't know that! So, I don't have to worry about it. I even think about the I-94 Form that I sumitted? Or do I still need to report to the Homeland Security what I did at POE? Can I ignore this sumitted I-94 when I go to the US next time? Sorry, I might be too much worrying about this, but someone said that submitting I-94 means--"giving up a permanent residence."
 
nscagony said:
Filling out a I-94 can be constructed as intent to abandon your permanent residency so make sure you never fill one out again, no matter what the airline tells you. Just take the I-94, smile, and throw it away.
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Very good advice, I especially like the bit about smiling at the airline staff …. :)
I could not agree with you more. I was being forced into a particular queue when I came through my POE, and I basically had to be very direct with the officials (not immigration) in the airport, that I knew what I was doing and I did not need to fill in anything. (apart from customs form) They eventually got the message and let me get on with the POE process.

tamachandesu said:
Would it be necessary for me to contact Homeland Security or USCIS to cancel my I-94 that I gave to the immigration officer at the port of entry? Is this a big problem when I re-enter the US? Please help me find out about this?
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You may have filled it in, and handed it in, but in order for it to be of any official use the immigration officer would have had to stamp it and give you back the other half of it. As he did not do this, the I94 that you filled in is in effect useless.

In my opinion after you handed it in, the officer probably realised that you were unsure of the process and threw it away.

If you are filling in a I-94 then as far as I know you must have some kind of a visa to go with it (visa waver one is I-94W).
As a LPR you are going to be coming in and out of the USA with out a visa, therefore a situation arising where you are required to fill in a I-94 simply won’t ever happen.

On the other hand, if some one (a LPR) was unsure of what they were doing and they were from a visa waver country then they may fill in an I-94W by accident, this is the green visa waver I-94 and you don’t need a visa to go with this. I guess that this could be seen as an attempt to enter the USA under the visa waver program which I am sure LPR’s should not do as I think this may be seen as intent to abandon your permanent residency. I cant see how filling in an I-94 alone would be intent to abandon your permanent residence as with out a visa its useless.

Honestly once you have your green card you will be fine. Remember you are a LPR now and it is very difficult for immigration offices to refuse you entry, unless you have broken any of the residency rules of course. Even if they decided you had broken residency rules and they did ever refuse you entry, now or any time in the future, as a LPR you have the RIGHT to a hearing in front of an immigration judge, where you can explain why you broke any residency rules. That judge will make the finial decision on whether or not you have abandoned your residency. Just filling in an I-94 alone is not nearly enough of a reason for anyone to surrender their LPR status. So in summary forget about your I-94, its probably been recycled by now :)
 
alemitmee said:
If you are filling in a I-94 then as far as I know you must have some kind of a visa to go with it (visa waver one is I-94W). As a LPR you are going to be coming in and out of the USA with out a visa, therefore a situation arising where you are required to fill in a I-94 simply won’t ever happen.
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Not entirely. Canadian citizens do not fill out an I-94 when entering as B visitors, but they do when entering in any other non-immigrant status. And except for K and E statuses, they do not require a visa.
 
alemitmee, I appreciate your detailed explanation why I do not worry about I-94 filled in and handed in to the officer. Your answer is very clear to me. Thanks a lot. I am so glad to know that someone here like you really listens to me and understands my situation. This Forum is really helpful to me! Thanks again. Best wishes,
Tamachandesuga
 
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