I-94 Card Replacement

Document dated 2008-04-02.  This may not be the most recent information. 

This page includes an excerpt from another document and is NOT legal advice. It is presented solely for information and may contain errors or be outdated. Excerpts from advisory documents, including, but not limited to those published by the USCIS, DOS, DOL and non-governmental sources, are just that – advisory – and subject to change without formal notice or rule making. They are generally not considered binding on the government agency involved. Please see my article “Sources of Immigration Law” in the knowledge base section of my web site http://www.arnoldfeldman.com for an introduction to the sources of immigration law.

When an I-94 arrival/departure card is lost or otherwise unavailable to the holder, it needs to be replaced. The relevant USCIS form is Form I-102. There has been some concern about the reliability of the instructions to the form.  This was addressed in an AILA lisaison committee meeting. In general the nonimmigrant will need to file a form I-102 with proper fee with the USCIS.

7. Use of Form I-102 to Request Action on a Form I-94 Issued by CBP

Historically individuals filed Form I-102 with USCIS to replace a lost I-94 card issued by CBP at entry. The advisory contained in the updated instructions to Form I-102 however states:

Do not use this form to request an action on a Form I-94 issued by the U.S. Customs and  order

Protection (CBP). If you are seeking a new Form I-94 based on a Form I-94 issued at a port-of entry

or otherwise by CBP, you should contact the nearest CBP office or port-of-entry and inquireabout their procedures, or visit the CBP's website at www.cbp.gov.

Based on the wording of the advisory it appears that filing Form I-102 with USCIS is no longer a viable option to replace a CBP issued Form I-94.

a. AILA requests clarification on the new instructions and advisory. Specifically, please advise whether USCIS will still accept and issue replacements for lost I-94s that were issued upon entry and if not, the reasoning behind the change in procedure. Please note that CBP has indicated to AILA that it is only able to replace cards containing CBP-created errors.

Response: USCIS will accept and issue replacements for lost I-94s that were issued upon entry, and will revise The Form I-102 instructions.

b. If USCIS will not replace a CBP-issued I-94 card and will not accept an I-102 filed with an I-485 whereproof of inspection and admission is required, will the Service accept as proof of valid entry foradjustment of status purposes a printout from CBP, obtained through FOIA, showing time and date ofentry?

Response: USCIS will replace a Form I-94 issued by the CBP except where requests seek correction of determinations made by CBP that the holder may perceive as an error.

c. The special instructions listed on USCIS’ website and included in the instructions to Form I-102 indicate that applicants should submit applications to request a correction to an inaccurate Form I-94, I-95 or I-20ID at the local office having jurisdiction over the alien’s temporary residence. Please describe what if any instructions have been provided to USCIS Field Offices for accepting and processing Form I-102.

Response: The above instructions are incorrect and will be revised.

d. The Form I-102 instructions also indicate that the form I-102 can be used to correct an I-94 for errors made either by USCIS or the applicant. AILA members have reported rejection of Form I-102 forcorrection of applicant errors. Please confirm that Form I-102 can be used to correct I-94 errors madeeither by the Service or by an applicant.

Response: The I-102 may be used to correct I-94 errors made by either the applicant or USCIS.  Please note, however, that any request to correct an I-94 error made by an applicant must be accompanied by the correct filing fee. A request to correct an I-94 error made by USCIS must be accompanied by supporting evidence.

Excerpted from AILA document number: 08040235 pursuant to 17 U.S.C. §107.

© Arnold L. Feldman, 2008.The author makes no claim to government works or to the works of others but does retain copyright in the presentation, commentary, and other original works herein contained.