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  • Blog Feeds
    04-26 11:20 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)





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  • glus
    03-28 08:36 AM
    That happened to me too. My new I94 was valid from the approval date, and not the one we asked for. No, you were not out of status as your H1 extension was pending. You should not have issues with it.





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  • jonty_11
    02-14 03:59 PM
    This is where the whole Retro mess starts, people trying to bypass the system. Read the Requirements and if your employer/attorney thinks u qualify , u do otherwise, dont screw up the system.





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  • sidshar
    05-15 04:21 PM
    Capriol,

    Thanks and I think I got lucky. But does it mean that spouse case is not linked to my case?



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  • bitu72
    06-14 06:40 PM
    Should the passport be valid for more than 6 months for applying I 485.

    If somebody can answer that would begreat





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  • anilvt
    08-20 08:44 PM
    looks like they are clearing up PD APR-DEC 2005 at both NSC-TSC but slow then pick up from jan-2006

    there are not much perm certified in 2005 ...hope you all get it



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  • Raven
    01-20 03:05 PM
    Forgive me for being naive and ignorant but I thought Obama was for immigrants/immigration/CIR. What Happened here? Did I miss something..Fill me in if you can please. Thanks.





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  • she81
    07-05 09:24 PM
    I don't know why they keep whining about bringing more H1s when they cannot provide for the ones already here? Even a layman would agree that more H1s without corresponding legislations to fix broken GC system would add fuel to the fire.

    Or is it what someone in this forum suggested - they want to bring cheaper younger people to replace the old ones after 6 years?



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  • fromnaija
    02-17 05:19 PM
    I was wondering the same thing. On other hand, I don't remember exactly where, read that as USCIS has updated their software, hence, FP's will not be required again. I may be wrong here, I myself, am interested to know if I need to follow up with USCIS after my jul-07 filing.

    GCCovet

    That is the Biometric Storage System. I have posted some information about this a while back. You may read more here:

    http://immigrationvoice.org/forum/showpost.php?p=266590&postcount=8

    http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_cis_bss.pdf





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  • CareerHit
    10-15 12:01 AM
    Wow .. I did not know that this was a grey area :)
    Amazing .. no one doing this?
    I have a friend who does this, but he hasn't consulted a lawyer :).
    Anyone who has spoken to a lawyer?



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  • rajenk
    10-27 05:47 PM
    Only till May 2013. But then you can still renew for 3 more years provided your PD is not current in 2013. You can use the approved I-140 from your current company for renewal. Make sure to get a copy of I-140 approval, not the courtesy copy.

    You have to start a new GC process soon after you join a new company. That way you can port your PD to the new case and be eligible for filing I-485.





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  • nitlsu
    07-18 12:59 AM
    From the numbersusa site it seems that the Senate is currently debating the DoD appropriations bill and Sen. Cornyn of TX has introduced ammendment SA 2143 to enable recapture of unused EB visas from the years 1996-1997.

    Does anyone have any more details on this? Do we need to have a coordinated effort in support of this?



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  • martinvisalaw
    08-03 05:20 PM
    Do I need to do any thing, is it required to renew AP to stay in status.

    NO. AP does not give you any status, it is just a travel document. It seems as though you are in valid H-1B status and your son has H-4, though I cannot say for certain without seeing your paperwork.





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  • dannyvn
    06-27 12:21 PM
    sameet ... if you had used AP to enter the country then you are on EAD.. isn't it?



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  • donelson
    March 24th, 2005, 08:34 AM
    If you've got six batteries in it, you're using the AA adapter in the MB-D100, which is notorious for very short life. You should be using the lithium ion batteries instead, which are more reliable. Even though the MB-D100 has space for two of the lithium batteries, you can use it with only one installed. Hope this helps.

    Don :)


    Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
    Thanks.





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  • siddar
    01-05 04:40 PM
    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.



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  • palemguy
    09-16 12:15 PM
    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?





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  • sabudanawada
    03-07 03:41 PM
    bump





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  • bkarnik
    01-05 06:22 PM
    That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!

    Since her H4 is tied to your being in status and not to which employer you are working for (she is your dependent) I would say she can safely travel on H4. I would recommend that she carry photocopies or originals of your 485 receipts, a photocopy of your passport with I94 (showing you are in the US) and a copy of your EAD card to show your status. I have never heard of dependents getting denied entry as long as they have a valid visa and can show that their spouse is in status. A change of status within the US is not considered as an impediment to your dependents who may travel on a dependent visa category that was last issued to the principal applicant.

    My 50 cents (2 cents with inflation added in) Do let us know how this thing ultimately resolves.





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    morchu
    05-03 07:38 PM
    I am no expert in this. But my best guess is that, he immediately need to contact the "indian consulate" and file a report. I believe the report date is important in future, in case if you need to give some explanations. Explain the situation to USCIS also. But I believe USCIS may need a new passport to re-issue the I-94. For the next travel, he might need to goto US consulate in India, and apply for B2 again.

    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
    3. Would he have to go through his visa stamping again?

    Much apprecaite your reply.

    -



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