Resident Mother sponsoring her Son who's in the US illegaly

The simple answer is that not turning in an I-94 when you leave the USA can have pretty serious consequences, including a ban on re-entry. There is paperwork you can fill out if you do lose it I believe however.
 
Ask your brother to leave without returning I-94...

Great discussion people, I'm learning a lot here.

I just thought about something: when leaving the US you have to turn in your I-94. But what if - just hypothetically - you lost it. They clip it to your passport with some cheap stapler so lets say it fell off. What now?
Obviously you can't give it back on departure so how will they know that you overstayed? Of course they will have your passport swipe in the system for a while but for how long? How can they prove to you later on that you overstayed?
And - like someone mentioned before - keeping accumulating time in the US makes no sense if you are not physically present! You can go to a US consulate in your home country and say - "hey, how can I be there if I'm here" right?

Just some crazy idea...

Has anyone actually had a situation like that? Wanted to leave the country without their I-94??



Venus,

I am sorry, the question you ask is that of a 5 year old. I-94 are issued to people who the US govt assume are responsible and don't go on throwing documents which are important away because the stapler was cheap. What kind of nonsense is this?:confused: When would have the I-94 fell? On your way to the airport or when you overstay and deliberately seek to conceal your departure? :rolleyes: Airlines are given strict instructions by USCIS to ensure that all I-94 are taken from the passports of non-immigrants and find their way to USCIS offices . So, you have to be insane to attempt to leave the US without returning this to the airline rep, 100% of time, those airline reps voluntarily rips it from your passport.

If you lose your I-94, you apply for it. USCIS will re-issue it, so if you lose it and don't re-apply for its re-issuance, you are fermenting a war with USCIS. In such cases, my money will always be with the US govt, because someone else's ass is going to be nailed against the wall... but it won't be the govt but you... the one who lose I-94 and flee the country under cover of darkness..:eek:

Since it is crazy, maybe you should ask your brother to try leaving without returning the I-94, and keep us informed of his progress, especially his ban for the next 10 years. How can they know that you overstayed if you keep the I-94, then your own passport will be required as to when you last visited the US, departure stamp from custom will get sharp nails on your butt...in order words, busted by USCIS.

If you visit the US consulate and you never returned the I-94, then the US Consulate will ask you the date of entry and departure from the US. The computer system will automatically flag you as having overstayed and not have returned the I-94, plus will show that you are still in the US, even though you will be in your home country, of Kazakhstan with Borat. US consulate will understand, your ghost is seeking to come to the US to visit you, and will issue a visa to your ghost...:eek:

What the consular officer will basically do is to get your FP, photo taken and immediately process your 10 year visa to never enter the US in those 10 years-:D. You will have a visa issued and join the distinguished list of those people who are barred for 10 years or forever. :D This bar information is available throughout the visa issuance system of the US consulate worldwide. As such, each time you attempt to apply for a visa, you are going to appear with a bar for the 10 years or permanent disbarment, or whatever fits your taste or flavor...:p Even if you go to a tiny Island with a bathroom size US consulate, you visa application is going to be turned down...;)

Your brother should volunteer for this experiment, so that you can feel his pain while USCIS slam his cayotes agains the wall...;) Since you recently got your greencard, you better be careful on things which you might attempt to do. US govt still owns the greencard and can basically revoke it at anytime, should they find the reasons to do this...:)
 
Not to sound judgmental, but if the same stance was taken initially, your brother would have never been in this situation.

Well, unfortunately I do not have the powers to make decisions for him. He overstayed and that's a fact. What I CAN do though is try to help him in a situation that he is in right now.
When he stayed he was young and - I don't wanna say stupid - but maybe unaware of the consequences. Now he wants to get it right but it's not to easy.:(
 
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