Need I-94 to leave US?

ethanwow

Registered Users (C)
My I-94 was taken at the interview for AOS in February and my application is pending with name check. I currently have a valid H1-B visa and need to travel next month.

Can I leave US without I-94 and re-enter? I was told by USCIS Rep to file G-884, Request for Return of Original Documents to get my I-94 back.

Your advice please. Thanks.
 
You do not need the original I-94. You can use your H1-B to travel freely.

Are u really sure about this? I thought thats (I-94) what they use to track your departure date, since the last time i checked they werent stamping peoples passports at the point of exit??
 
I thought thats (I-94) what they use to track your departure date, since the last time i checked they werent stamping peoples passports at the point of exit??

While that is true, you do not need to return the I-94 if USCIS has already taken it away from you. I-94 or not, you are never forbidden to leave the US.
 
Thanks for your replies.

Isn't the airline supposed to collect I-94 at departure? Will it cause any problem if I don't have it and just tell them that USCIS took it away?
 
and if someone is an illegal immigrant. can they leave the u.s. via plane without the I-94?

if an illegal wants to go back to their country, can they eventually come back with a visa if they never present the I-94 at check in?

will the "illegals" name be put in the immigration data base for not presenting the I-94 at check in? i'm very curious, thanks.
 
and if someone is an illegal immigrant. can they leave the u.s. via plane without the I-94?

Of course. You also need to remember that there are millions of individuals who travel to the US legally who are NEVER issued an I-94.

if an illegal wants to go back to their country, can they eventually come back with a visa if they never present the I-94 at check in?

It depends. Keep in mind that DHS will have a record of the individual travelling by air.

will the "illegals" name be put in the immigration data base for not presenting the I-94 at check in? i'm very curious, thanks.

Not having an I-94 doesn't make you illegal.
 
well, here is my situtation regarding the I-94 (i don't mean to highjack this topic) my girlfriend is here illegaly (entered the u.s. without any documents). now she wants to leave and go back to her country (there are no records of her being here at all) we want to start from 0.

we want to file the K-1 visa when she returns to her country (brasil).
will NOT having the I-94 pose a threat on her behalf at check in? on her return back to the u.s., (after filing the K-1 papers) our concern is that will her name be in the immigration database.

will the airline take her name and give it immigration. when she LEAVES by not having the I-94. we acknowledge the mistake of being illegal, and we want to correct it.

NOTE: i am a u.s. citizen, my girl is illegal. and again, sorry for taking over this thread. ciao.
 
will the airline take her name and give it immigration. when she LEAVES by not having the I-94.

The airline will take her name and give it to DHS no matter what. All passenger manifests are submitted to DHS, including legals, illegals and US citizens.

You need to consult with an attorney.
 
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