I94 GAP IN HISTORY

[qfrats]

I had an international travel back to US with an expiring passport in 2016 and my I94 was cut short to Oct 2016. I crossed San Diego border Dec 2017 and officer kindly correct my I94 on my new passport. 

 

Now the issue is although I had a valid most recent I94 but there is a gap more than a year in my I94 history. I got mixed response from various CBP officers, some said it is not overstay some said it is. My attorney said this is a big issue if I had international travel in the future.

 

Just wonder if anyone else experienced similar situation, or anyone had any insight.

 

Thanks a lot.

[fermion382]

I am in similar situation as you with I94 being expired. It will be really helpful if you could please let me know what your experience was at the san diego border.., like what you were asked.., 

[pontevecchio]

The fact that the CBP Officer gave you an I94 in 2017 makes your stay legal. Get hold of a proper Immigration Lawyer and ask the company to pay. What exactly is an Immigration team ? My 2 cents you are fine even if the CBP Officer made an error. Is your current lawyer an Immigration Lawyer?

[qfrats]

Thanks for your reply.

My company attorneys are immigration lawyer and they are playing safe. They warned me of international trsvels. I contacted CBP office San Diego several times and they also say I'm fine. 

Just read news online about unlawful presence from USCIS  and these news do make me nervous. Currently I'm in status again but worried about this i94 gap history. Not sure if this is something USCIS is tracking.

[qfrats]

On 7/12/2018 at 3:34 PM, fermion382 said:

I am in similar situation as you with I94 being expired. It will be really helpful if you could please let me know what your experience was at the san diego border.., like what you were asked.., 

Basically officer at SD is very knowledgeable about the situation. As long as you still have valid i797, it should not be any issue.

[solution]

Hello qfrats,

               What is your situation now? your post was in august 21 2018 and now it is January 2019. Were you able to sort out the problem? I am also in the similar situation.

Thanks,

Solution.

 

[solution]

Hello qfarts,

       I am not sure if this can be done or not, but you should have requested the CBP officer to back date the I-94. Your I-94 expired because of passport expiry and you have since  renewed your passport just didn't update the I-94. Their concern was expired passport and you already addressed their concern by renewing your passport. Logically speaking they should update the I-94 from the date it expired and not when you entered.  This could have  solved all your problems.

 

Thanks,

Solution.

 

 

[Anu1604]

Hi qrafts,

we are in similar situation and our attorney is asking to go for NPT. Please suggest what to do. Your help is much appreciated. Please mail me at ella.anusha16@gmail.com if possible.

 

Anusha.