Stolen passport - visa question

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Old Jul 14th 2017, 7:21 pm
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Default Stolen passport - visa question

I am currently in the US on an L1 Visa, and had my passport stolen.

I have reported to all the authorities and have now received my replacement passport.

I cross the border into Mexico on a weekly basis for work. How do I get a replacement visa in my passport ( I have all the paperwork from the approved application) Also do I need a replacement i94 or a new one as the passport number is now different.

I have tried ringing the authorities (USCIS, CBP and US Consulate. Who said I need to do a new L1 visa application from scratch???) and they have all given me conflicting information.

Any advice would be most appreciated. (Using my wife's account)

Thanks
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Old Jul 14th 2017, 10:25 pm
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Default Re: Stolen passport - visa question

Originally Posted by AZbound
How do I get a replacement visa in my passport...
Short of applying for a new visa, you might want to make an InfoPass appointment and speak to someone in person. Take all your paperwork with you, plus documentation of the steps you took following the theft.


Also do I need a replacement i94 or a new one as the passport number is now different.
I don't think so, no. The I-94 is tied to you, not your passport... and you're still the same person.

Ian
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Old Jul 16th 2017, 4:18 pm
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Default Re: Stolen passport - visa question

If you depart the US, you will need a valid visa to get back in. When you come back in with the new valid visa, be sure to get a new I-94. People often get an appointment before departing so they aren't stuck outside of the US for too long.

USCIS can't help with traveling back in if you depart. Their role is to issue an approved petition and they've already done that. They don't issue entry documents to nonimmigrants under these circumstances. CBP can't help for the same reason. You need a consulate to issue you a new visa. Visas are only issued outside the US unless you're a diplomat.
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Old Jul 17th 2017, 3:07 pm
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Default Re: Stolen passport - visa question

Originally Posted by ian-mstm
Short of applying for a new visa, you might want to make an InfoPass appointment and speak to someone in person. Take all your paperwork with you, plus documentation of the steps you took following the theft.



I don't think so, no. The I-94 is tied to you, not your passport... and you're still the same person.

Ian
Thanks for replying, I can't get an infopass appointment until the end of the month but due to all the conflicting advice from uscis, consulate and cbp I wasn't sure if I needed it. Hopefully will get some clarification from my employer's legal department today.
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Old Jul 17th 2017, 3:12 pm
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Default Re: Stolen passport - visa question

Originally Posted by crg
If you depart the US, you will need a valid visa to get back in. When you come back in with the new valid visa, be sure to get a new I-94. People often get an appointment before departing so they aren't stuck outside of the US for too long.

USCIS can't help with traveling back in if you depart. Their role is to issue an approved petition and they've already done that. They don't issue entry documents to nonimmigrants under these circumstances. CBP can't help for the same reason. You need a consulate to issue you a new visa. Visas are only issued outside the US unless you're a diplomat.
Thanks for the information. I have spoken with the consulate and they have said I need to get a copy of my i94 from uscis (who have said no, I need to get that from cbp) and that I need a 797 from uscis and I then need to apply online for a visa and fill out a whole new ds160 Application. This looks like it's going to take a long time to sort out
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Old Jul 17th 2017, 3:48 pm
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Default Re: Stolen passport - visa question

Originally Posted by AZbound
Thanks for the information. I have spoken with the consulate and they have said I need to get a copy of my i94 from uscis (who have said no, I need to get that from cbp) and that I need a 797 from uscis and I then need to apply online for a visa and fill out a whole new ds160 Application. This looks like it's going to take a long time to sort out
The electronic I-94 is available from CBP here:

https://i94.cbp.dhs.gov/I94/#/home

What happened to the I-797 you used to get the visa last time? You essentially need the same thing you needed the last time you did this process.
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Old Jul 17th 2017, 4:34 pm
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Default Re: Stolen passport - visa question

It really shouldn't be that great a hassle. Essentially, you need a visa stamp in your new passport, which you can only get from a US consulate. You should still have your I-797 approval notice, unless the time period on that has elapsed. If it had though, I'd hope your immigration lawyer would have filed for an extension. And as crg noted, the I-94 is now electronic and easily accessed via the link provided.


CBP deals with the I-94, USCIS with the petition and the US consulate with the visa.
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Old Jul 20th 2017, 7:16 pm
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Default Re: Stolen passport - visa question

Thanks for the replies and links. His wife here just updating. He was able to print off a copy of his I-94 and yes, he did still have the original I-797. He is in Mexico now, he has submitted a new DS-160 and has another appointment for tomorrow morning and needs to pay visa fees again. Hopefully he won't be stuck outside of the US for too long.

Thanks again for the information/advice.
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