Announcement

Collapse
No announcement yet.

Must I-94 Be Surrendered Upon Departure

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Must I-94 Be Surrendered Upon Departure

    This question is for those who have left the country within the last 6 months, or others who actually know the correct answer. The question is this: Must the I-94 be surrendered upon departure from the USA - are there actually INS officers who ask for it when you leave the county, or just the airline personnel? In other words, I know the law says that the I-94 must be surrendered, but what happens if you no longer have it in your possession?

  • #2
    This question is for those who have left the country within the last 6 months, or others who actually know the correct answer. The question is this: Must the I-94 be surrendered upon departure from the USA - are there actually INS officers who ask for it when you leave the county, or just the airline personnel? In other words, I know the law says that the I-94 must be surrendered, but what happens if you no longer have it in your possession?

    Comment


    • #3
      I left the US in Decemeber and I had to surrender my I-94 to the airline personnel before I boarded my plane. I don't know what happens if you lose this form but it is usually stapled to the inside of your passport by immigration officials at the POE.

      Comment


      • #4
        I know people who have lost theirs. I don't know if they were even asked for their cards, but they didn't have a problem leaving. Do you have anything else to show that you didn't stay longer than allowed?

        Comment


        • #5
          Only airline personnel will take the I-94 out of you passport.

          If you lost yours, your duty was to report this and apply for a new one.

          Although I don't see any problems leaving the country. On your next visit on the other hand it will say that you never left the country and they might presume that you overstayed. Keep your Airline papers in case you need to prove you did leave the country on time.

          Comment


          • #6
            What does "leaving on time" mean exactly - in other words, what happens if someone overstays by like 15 days, 1 month, 2 months, etc. When does it become "dangerous"? Will the INS care if you overstayed by a week or so?

            Comment


            • #7
              Today's INS will punish you for ANY overstay.

              Comment


              • #8
                Is there anyone on this board that overstayed his I-94, but still a valid visa, but managed to come back in with no problem whatsoever? If so, please tell us your experience - when your I-94 expired, how long it was expired when you left the USA, and how long you stayed away from the USA, and what questions you were asked. My I-94 expired 3 weeks ago, by my visa is still valid. I need to decide whether to leave just to get a new I-94 when coming back in (since it takes about 9 months to get a new I-94 thru application by mail), or whether to just stay here and take the risk. My job is such that I cannot even be away for over 3 days - I am that critical to the company I work for.

                Comment


                • #9
                  Even if you overstayed just a few hours, your visa is automatically cancelled by law.
                  You cannot go back to the USA on the same visa, you have to get a new one.
                  If you overstayed more than 6 months, you are bared from entry from 3 to 10 years, depending on the lenght of your overstay. Less than 6 months, causes no bar to enter.
                  You may be able to come in a few times more, but eventually, you will show up as overstayer.

                  The INS system, due to the lack of accuracy of their record keeping, shows some false overtays, if you can prove to them that you did not overstay (a good proof for example, is an entry stamp into another country, or even better, multiple stamps if you travel a lot), they'll probably let you in. If you can't, they'll send you back.

                  I have a friend with a wrong overtay record in the INS computer, he is always sent to the "little rrom" when he enters, but since he already knows what is going on, he has a folder with all the evidence to show he did not overstay. He gets through, but looses a good hour at immigration.

                  Obviously, you won't be able to prove that you did not overstay.

                  Comment


                  • #10
                    All international airports in the US have an exit registration. So when you leave INS will have a record of your departure. You can also get a copy of your I-94 by filing an I102. You can find all the info on the INS page:

                    http://www.ins.gov/graphics/howdoi/arrdepart.htm#apply

                    Comment


                    • #11
                      I had overstayed a visa about 10years ago but I had to go to my country of birth and get another visa and comeback. I was issued an H1 visa I have since then maintained a legal status. Hope this helps

                      Comment


                      • #12
                        If you have lost I-94 and you do not have time to get a duplicate one from the INS. There will be no problem while you will be leaving the U.S. The Airline person will ask you to fill a duplicate I-94 Form and will keep that Form to send to the INS. You must leave prior to your legal stay period allowed by the INS. As suggested above in this thread, even if you overstay for couple of hours and the date of your departure has expired, your Visa will be cancelled automatically and you will need a new Visa to enter the United States.

                        Comment


                        • #13
                          Umesh, you seem to know what you are talking about. So here is my situation. I know it is no excuse (and I won't give the reasons why), I was unable to leave before my I-94 expired a couple of weeks ago. Based on what you and others have said, that means my visa is automatically cancelled. I know it will be extremely difficult to get a new visa (I won't go into the reasons here), and I cannot afford to just leave and abandon my family and everything I own here. Also, the department that I run is so dependent on me that all the employees under me would lose their jobs if I am not able to report back to work. I know that for sure. So what do you suggest I do? This situation is a wonderful example of why more and more people become illegal. If there were a "grace period", for example, I could simply leave immediately and then come back in and get a new I-94 and be legal and stay legal again, this time making sure I keep my status current of course. But because of the new INS rules, I am now forced with the possibility of just staying here illegally (whereas I have been legal for many years), making sure that I don't get caught, until there is some sort of amnesty or change of rules or whatever. It seems that I have no choice, or is there something you or anyone else on this board can suggest?

                          Comment


                          • #14
                            You must keep your papers like police report etc. in tact so that you can show the authorities why you overstayed. There is every likelyhood that you will get visa again in your home country.
                            It seems that you are working for a company but just come here and go back to your country. If your company has a Head office in a foreign country then they can apply for your L1 or your employer in the United States can sponsor you, which will be much better for you and your family. If you get L1 or employer sponsorship then your family can come here legally and after one year your can apply for your Green Card and also that of your other family members.

                            Comment


                            • #15
                              Why would I have a police report, when I have not lost anything? I am very confused. Also, even if I can get a new visa in my home country, I know it will take a few months of just waiting there. But I cannot afford to leave the USA for more than a week because, as you see, I had also applied for Canadian Permanent Residence for my family (and we were approved), and I am simply waiting for the Canadian Consulate's request for us to send our passports in for visa stamping. If I am not around to send in our passports when that request arrives in my mailbox, then the Canadian government will trash my application. So my family could lose BOTH our U.S. termporary visas and Canadian permanent residence visas. So what would you do if you were me?

                              Comment

                              Sorry, you are not authorized to view this page

                              Home Page

                              Immigration Daily

                              Archives

                              Processing times

                              Immigration forms

                              Discussion board

                              Resources

                              Blogs

                              Twitter feed

                              Immigrant Nation

                              Attorney2Attorney

                              CLE Workshops

                              Immigration books

                              Advertise on ILW

                              EB-5

                              移民日报

                              About ILW.COM

                              Connect to us

                              Questions/Comments

                              SUBSCRIBE

                              Immigration Daily



                              Working...
                              X