Forgot to hand in I-94

Hulk Hands

Hi guys,

My girlfriend hadn't her I-94 slip taken off her passport upon leaving after a J1 trip in 2011, with nothing being done about it since. Obviously this can be remedied by emailing the slip and documentation to the customs office in Kentucky.

The problem is that we're hoping to have a holiday in 6 weeks in the states, and it looks like it'll take up to 4 months for the department to update her status, plus the time it takes to post there. My thinking is if she goes through Shannon pre clearance with some documentation (still has her boarding stub from the flight home), it'll be fine, but she's understandably worried.

Searching this online seems to have loads of people who've forgotten to hand in the 1-94, but the only helpful suggestion is links to the official webpage, which we've checked and is very vague on info. Her ESTA status still has her as being in the USA. Thanks in advance if anyone has any info

BuffyBot

To be frank, no one here can guarantee you a thing and your "thinking" might be a little simplistic: the US are extremely strict on such things. Your plan might seem to be the best option you have at the moment, but the decision will be down to the USCBP officer(s) involved on the day. They have the right to deny, and it could lead to your GF requiring a visa for future travel etc and not being permitted to enter for this trip.

Be aware of the risk you're taking and how it could impact future travel for her.

Mena

Go get a visa. You've six weeks do that should be enough time to get an appointment and get it processed.

BuffyBot

Given the recent computer system issues they've had, and the backlog, it might not be quite so easy, alas. Might be worth a punt in cause they plough through the queues.

iusedtoknow

it could all work out for you, but conversely...she could be turned away by the CBP in Shannon. There is simply no way for any of us to tell. TBH your best bet is to go through the B1/B2 visa process with the embassy where they will be able to either straighten things out or provide her with a visa.

One thing though...if you do get a visa, make sure to bring EVERY SCRAP of documentation that proves she didn't overstay. The border guards are a separate department from the visa issuers and retain the right to turn away anyone, including visa holders if they don't believe them.

coylemj

Hulk Hands wrote: »

Her ESTA status still has her as being in the USA.

How are you in a position to determine that? Your ESTA status is either that you have one still current (they last two years and cover multiple entry) or you don't have one active. There is no 'ESTA Status' that you can check which tells you where they think you are.

From your comment above I'm going to guess that you think that an ESTA covers only one entry and because yours is still active, you've deduced that that indicates that they think that you are still in the US, that is incorrect.

I discovered one of those forms (from a trip in 2007) in my passport before a trip to the US in 2011, I tore it out and threw it in the bin, didn't have any problems with the border agent.

For peace of mind, I would advise her to bring that boarding card form the last flight home and also bring some credit card statements showing that she bought items in Irish shops in the period since she left the US. Have that stuff at the ready but do not volunteer it unless there is an issue which I suspect will not happen.

Hulk Hands

Thanks. Sorry, all I mean by that is that when you fill in the details on this link, it shows arrival in the US but no departure, that all

https://i94.cbp.dhs.gov/I94/consent.html

Probably completely wrong with my terminology when I say ESTA. Her situation sounds exact same as yours in '11

coylemj

You said that she has the boarding card from the flight home, that means that the airline will have registered her departure and notified the US authorities, even if she didn't have her passport examined in the departure airport by an immigration agent. Remember that you have to provide Advance Passenger Information (API) to the airline when flying to the US, that means that the airline has your passport details so they will notify the CBP meaning that your departure will be registered, even if there's no immigration people checking departing passengers' passports.

This US CBP webpage says that if she flew home then she has nothing to worry about .....

If the traveler departs through an airport or sea, they will not need to turn in their form, as Customs and Border Protection (CBP) will receive the information electronically from the airlines.


https://help.cbp.gov/app/answers/detail/a_id/1690/~/forgot-to-turn-in-i-94

gmogames

What I can say is something my sister went through.

She also did not provide the i-94 card when leaving. But she went back to the states a year later. At the immigration the officer said she was still in the country as he was not seeing the "exit" dates.
She told him she handed it to the airline normally.

He told her to send a letter to get this fixed but allowed her in without any problems.

You may bumb into an ogre that did not had sex for months and he may not be in the good mood and cause you problems, but it's clear that she's not in the US since she is just coming from a different country.
I don't see any problems happening if you just play the, but I handed the i-94 to the airline card.

coylemj

gmogames wrote: »

.... but it's clear that she's not in the US since she is just coming from a different country.

She could have crossed the border by land to Canada and flown home from there. Simply showing up at a point of entry a year later doesn't mean that she's been out of the country for a year, she could have gone home for a funeral a week previously.

But the fact that the agent allowed her in means they come across this pretty frequently.

gmogames wrote: »

I don't see any problems happening if you just play the, but I handed the i-94 to the airline card.

smurfjed

Considering that we lived in a world of electronic tickets in 2011, is it possible that she still have the return flight information?

I started getting into the habit of writing the in and out flight details on each visa stamp just in case CBP don't believe that on one of my trips i only stayed in the USA for an hour before returning to Europe