How do you know when the U.S. requires you to depart the county? The answer can be found on Form I-94–not on your visa.
U.S. Customers and Border Protection (CPB) issues all non-immigrant travelers an electronic or paper Form I-94, Arrival/Departure Record. Whether you arrive by air or sea, you will receive a passport stamp. The CBP officer will create an electronic I-94 that can be accessed on CBP’s website. If you arrive by land, a CBP officer may hand you a small white card to put in your passport, which is the paper Form I-94.
You must keep this document safe during your stay in the U.S. You may need it to change your immigration status, apply for certain benefits, or extend your stay. However, if your Form I-94 is lost or damaged, you can file Form I-102 to request a replacement.
You can also use USCIS Form I-102 to correct errors on your Form I-94. If the errors are not your fault, you won’t have to pay a filing fee).
In this article, you will learn how to complete Form I-102, how much it costs, what to do if your request is denied, and how long the process might take.
You are eligible to file Form I-102 in the following situations:
If you were not legally admitted to the U.S. by an immigration officer, you cannot use Form I-102 to obtain these documents.
Additionally, while Form I-102 is primarily for nonimmigrant visa holders, there are certain situations where those adjusting status (such as filing Form I-485, Application to Register Permanent Residence or Adjust Status) may need to file Form I-102.
Regardless of your reason for filing Form I-102, the Scott D. Pollock & Associates, P.C. team of lawyers can help you navigate the process. Contact our team today for a free consultation.
You’ll begin the process by collecting your supporting documents. For example, you’ll need to provide the damaged or incorrect Form I-94, I-94W, or I-95 if you have it. If it’s lost, you must provide a copy of your passport. If it’s stolen, you may need to submit a copy of the police report. And if your passport isn’t available for any reason, you must explain why in a letter.
Next, download Form I-102 pdf and fill out your information. The form itself is relatively short and straightforward. Here’s what you can expect in each part.
In the first section, you will provide basic information like your name, address, birth date, social security number (if any), alien registration number, and USCIS online account number. The form also requests entry information, such as whether you arrived by land border, airport, or seaport.
You must also provide the date and place of your last entry and your passport number and expiration date. You must fully complete this section or risk the USCIS denying your application.
There are several reasons you might file Form I-102. Select one of seven options:
In the next section, indicate whether or not you are filing this form along with other forms, and if so, provide the USCIS form number and name. Check yes or no if you are now in removal proceedings. If you check yes, give a detailed explanation as to why.
Removal proceedings can feel overwhelming, but our experienced team can help you submit this form and determine the best path forward for your unique circumstances.
The following three sections are for your signature and the signatures of the preparer or interpreter who helped you complete the form. Remember to sign the form, or the USCIS will reject your form.
Some sections require explanations. If there is insufficient space on the form for your explanations, attach them in Part 7.
You must file the form at a USCIS lockbox. Locations can be found on the USCIS website. To receive an email or text message when USCIS accepts your form, complete Form G-1145, E-Notification of Application/Petition Acceptance. Attach Form G-1145 to the front of your Form I-102.
A variety of factors can affect processing times. Depending on your service center, the wait time can be between five months and two years. You can use the USCIS Processing Times Calculator to determine your expected wait time.
The average processing time for all service centers is 17.4 months, with the California Service Center taking 31.5 months and the National Benefits Center taking only 5.5 months.
The cost to file Form I-102 is $445. However, if you’re correcting an error you didn’t make, you won’t pay a fee. Likewise, you also do not pay the fee if you are a nonimmigrant in the U.S. military. Use the USCIS fee calculator to discover how much you will have to pay for this form and others.
If USCIS denies your Form I-102, they should tell you why. You may have forgotten your signature or missed a required section. They will also deny forms that have missing information or if you miss a scheduled interview.
An experienced legal team will give you peace of mind knowing you have completed all required steps. We can also help you devise a strategy to address any denials.
Yes, you can file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, along with Form I-485, Application to Register Permanent Residence or Adjust Status, under certain circumstances.
If you are applying to adjust your status to a permanent resident (green card holder) and you still need to get your original Form I-94, or if it was issued with errors, you may need to file Form I-102 to obtain a replacement or corrected I-94. The USCIS requires Form I-94 as part of the evidence for Form I-485 to prove your legal entry into the U.S.
Navigating the complexities of immigration forms and procedures can be challenging. Whether you’re dealing with a lost, stolen, or damaged I-94, I-94W, or I-95 or need to correct errors on these forms, the Scott D. Pollock & Associates, P.C. team is here to help.
We understand the importance of these documents and the potential consequences if you do not handle them correctly.
Our experienced immigration attorneys can guide you through filing Form I-102, ensuring that you take all the necessary steps and that your application is accurately completed.
Contact our team today by submitting our online form or call us at 312-444-1940.