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I submitted my I94 card to the airlines but could not board

 
Guillermo J. Senmartin, Esq.'s Avatar
  • Answered by:Guillermo J. Senmartin, Esq.
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Customer Question

I submitted my I94 card to the airlines but could not board the flight from the boarding gate due to health related problems. I returned back from the boarding gate. What should i do since technically I do not have a I94 with me.
My I94 is still valid, it has not expired. I have 3 more months on my I94. I am in H4 and my husband on H1 and both valid for 3 more months. Please help. I have all medical history to prove my case. Any help is appreciated.

Thank You

 

Optional Information:
State/Country relating to question: California

Already Tried:
I contacted USCIS and CBP but did not get any clear answer or any direction.

Submitted: 243 days and 21 hours ago.
Category: Immigration Law
Value: $38
Status: CLOSED
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Expert:  Guillermo J. Senmartin, Esq. replied 243 days and 21 hours ago.

Hello. Has your husband applied for the extension of the H-1? Will he?

Customer replied 243 days and 21 hours ago.

No he has not yet applied. He will apply for an extension in 3-4 weeks.

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Expert:  Guillermo J. Senmartin, Esq. replied 243 days and 21 hours ago.

Ok, and what city do you live in? I am going to try to find the closest CBP office that you may be able to go to in order to get a replacement I-94.

Customer replied 243 days and 20 hours ago.

Fremont,California.


I had spoken once to CBP office(San Francisco,CA) asking them for a replacement I-94.They said they cannot issue one.

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Expert:  Guillermo J. Senmartin, Esq. replied 243 days and 20 hours ago.

Well, this is a very rare situation. They can issue another one. Do you have a photocopy of your I-94 at least?

Customer replied 243 days and 20 hours ago.

Yes I do have a photocopy.

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Expert:  Guillermo J. Senmartin, Esq. replied 243 days and 20 hours ago.

Ok, then you have a few options:

 

1) Contact CBP at their different offices and ask different officers about this situation and if they will issue you a new I-94. Try different officers. Don't stop with just one. Here are a links to a few numbers that you can call:

 

http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/ca/2801.xml

 

http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf

 

2) File an I-102 to get an original copy of the I-94:

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e5d95d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

3) When your husband files for the extension, you file for an extension at the same time using form I-539 and provide all the evidence that you did not leave and explained that you turned in your I-94.

 

I think #3 would probably be your best option. I have to sign off now, but I will be back tomorrow. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. It is VERY important that if you are not satisfied, please ask additional questions. My goal is to provide you with top-notch service. And please don't forget to rate me, but please rate me on my service to you, not the state of the law because I have no control over that. Also, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

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Expert:  Guillermo J. Senmartin, Esq. replied 241 days and 1 hours ago.

Hi. I'm just following up with you to see how everything is going. Did my answer help? Please let me know! Thank you!

Guillermo J. Senmartin, Esq.41146.9480028588

 
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