mckenzie

Now before any 'hollier than though' people pre judge any thing please just accept I need advice not a ticking off.......
I've overstayed my I94 (over 6 months) However I am making an application for an L1 visa when I get back to London and have been active in setting up a company over here and getting certain things in place like that which are eventually required for my L1 application. (I've not been working)
What I'm afraid of is that I genuinely lost the original I94 and was wondering if I could avoid any hasle by leaving the US with out a problem arising? I am not certain I will be granted an L1 visa and do not want to mess up any chances of re entering the States visiting again. What really happens with these I94's? I was told that the airline have actually little interest whether you have it or not when checking in for a flight and the US immigration only have a record of your entry each time. It's a little scary for me listening to what everyone says as it seems everybody has a diffrent view. For that advice...what should I do on leaving the country so not to mess up?

crg

If you've overstayed 6 months then you are barred from returning as an L1, or even a visitor for three years. You can replace the lost I-94 for $100 using an I-102 form.

http://uscis.gov/graphics/formsfee/forms/i-102.htm

The airlines are in the business of flying passengers and aren't too concerned with the I-94. Sometimes they have you write out a replacement. The government has other tools to determine how long people stay besides the I-94. If you commit fraud on your L-1 visa application by claiming no previous immigration violations, and are caught, you could be barred from entering the US for life.

mckenzie

I thank you for your response but what good is it replacing an I94 if it has elasped anyway? Where do you replace it and pay $100? Also you say the goverment have ways of determining how long people have stayed - what can that be other than seeing when you last entered on the computer screen as you pass through immigration coming back in again on your next visit? If the I94's are not collected and fed into the great computer in the sky (which I don't beleive they are - if they were they would make it a immigration task not an airlines task to collect them right?) how will they know when you left?

mckenzie

I thank you for your response but what good is it replacing an I94 if it has elasped anyway? Where do you replace it and pay $100? Also you say the goverment have ways of determining how long people have stayed - what can that be other than seeing when you last entered on the computer screen as you pass through immigration coming back in again on your next visit? If the I94's are not collected and fed into the great computer in the sky (which I don't beleive they are - if they were they would make it a immigration task not an airlines task to collect them right?) how will they know when you left?

crg

Many people who lose or discard their I-94 cards get nailed for overstays so they must have other ways. It's tough to be present in the US without leaving a paper trail. It all comes down to how hard they look.

It sounds like you don't want to replace the I-94. If you do, all of the information on how to do so is located on the web address.

Lion in Winter

My guess, and it is only a guess, is that the gov. has a record of your entry, and if you don't turn in an unexpired I94 when you leave, then they have no record of your exit and promptly become suspicious when you apply for another visa. I sure that the great computer in the sky holds your flight records, for example, and they can check your name there.

J. J. Farrell

"mckenzie" <member18415@british_expats.com> wrote in message
news:[email protected]...
    > I've overstayed my I94 (over 6 months)

You are now banned from entering the USA for 3 years.

    > However I am making an application for an L1 visa when I get back
    > to London

Since you're banned, I wouldn't bother until the 3 years have passed.
If you lie in your application and get found out, you'll likely be
banned for life.

    > What I'm afraid of is that I genuinely lost the original I94 and was
    > wondering if I could avoid any hasle by leaving the US with out a
    > problem arising? I am not certain I will be granted an L1 visa and do
    > not want to mess up any chances of re entering the States visiting
    > again.

Collect proof that you exited (boarding passes and so on). You should
then be able to get back in 3 years after you leave, as long as you
can persuade them to give you a visa.

    > What really happens with these I94's? I was told that the airline
    > have actually little interest whether you have it or not when checking
    > in for a flight and the US immigration only have a record of your entry
    > each time.

The airlines are supposed to pass on any I-94s that are presented to
them, along with complete passenger manifests. They may well have
little interest in the I-94s as it's no skin off their noses. The
law requires the I-94 holder to surrender the I-94 when leaving -
the onus is on you, not the airline.

Bear in mind that the entire responsibility for maintaining your
status and proof of your exit is yours. If the authorities have not
been given evidence of when you left the USA, it's reasonable for
them to assume that you left just before you next attempt to enter.