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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12191
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Second opinion] I am just wondering about an I-102 related

Customer Question

Second opinion] HI I am just wondering about an I-102 related case How long are current I-102 applicaitons taking? I have a unique situation where I was not given an I-94 at my POE
JA: Have you filed any paperwork with the U.S. government?
Customer: ...at the POE
JA: Have you talked to a lawyer?
Customer: No..I haven't talked to a lawyer
JA: Anything else you want the lawyer to know before I connect you?
Customer: I only want to see how rare is my case (not receiving an I-94; also not recieving a stap in my passport) and the time required for I-102 processing
Submitted: 1 month ago.
Category: Immigration Law
Customer: replied 1 month ago.
Hi, I am in the US on a valid H1-B visa. I exited US by land to Mexico and reentered by land into US on the same day. However, I was not issued an I-94. It was my mistake, I did not ask for one. Also, I did not receive an entry stamp in my passport either. I am looking to submit an I-102 and I was wondering whether I should be prepared for any other contingencies. Thank you.
Expert:  Expert James replied 1 month ago.

Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

Thank you for your patience. Your answer is below. When you see the option to rate, please do so with a positive rating of 4 or 5 stars. Otherwise, I do not get credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: First, I would check my travel history to see if there is a record of entry tot he US. You can do that on the I-94 site.

If you do not see it there, I would think about going to the DEferred Inspection site to figure out what went wrong and how to fix it. Waiting for months only to find out that there was an error is not a great idea, in my opinion. At the very least, you should make a good faith effort to determine if there is something wrong in the record.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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Thank you!

Expert:  Expert James replied 1 month ago.

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Do you need more help? Please respond so that I know what to do next.

Thank you!

Customer: replied 1 month ago.
HI, I don't think you addressed my precise question. I DID NOT receive an I-94 at a and port-of -entry. Entering from Mexico on a valid H1-B visa that is valid till Jan 2019. However, I have already applied to USCIS through an I-102 requesting a new I-94. I also have anecdotal information that CBP does not stamp passports (which happened to me) and give I-94s everytime one enters USA from Mexico by land (my situation) on a H1-B visa. I know this goes against CBP's stated regulations. But that's what it is. However, I am trying to correct the situation.I only reached out to you asking whether I should be prepared for any contingencies. However, have received scary advice (like leaving the country and reentering on a new Visa) and being told to just approach CBP for an "incorrect record". I now realize that this is not a common occurrence for which no one may have answers. I will have to wait for USCIS to adjudicate on my request. Thank you for your time but am afraid I cannot give you valid credit for your answer.
Expert:  Expert James replied 1 month ago.

You don't have to take any suggestions. But I would have appreciated knowing that you wanted more or different information. Best of luck.