Can I travel without the original I-797?

[svt29]

Hi,

 

I lost my I-797 original copy however I do have a valid visa stamp on my passport and I also have a duplicate copy of my I-797. Is it safe for me to travel outside the country and return back? I have never been asked for the 797 when returning back but my lawyers tell me that I need to have the original with me. Also, if I do travel without the original, can they deny me entry into the country? I plan to apply for a duplicate 797 but apparently that will take 4-6 months.

 

-S

[jairichi]

Hi,

 

I lost my I-797 original copy however I do have a valid visa stamp on my passport and I also have a duplicate copy of my I-797. Is it safe for me to travel outside the country and return back? I have never been asked for the 797 when returning back but my lawyers tell me that I need to have the original with me. Also, if I do travel without the original, can they deny me entry into the country? I plan to apply for a duplicate 797 but apparently that will take 4-6 months.

 

-S

Yes, you need to carry your original with you.

[t75]

You can be denied entry if the officer at the border determines that you are not qualified to enter. No non-citizen is ever guaranteed to be permitted to enter the US.

[Chiranth]

You need the original. It is not worth traveling without it as the border officers are tough and they are within their rights to deny entry for any valid reason – and not having the original document is a valid reason. If you absolutely must travel in the case of an emergency before you get the replacement I would say seek legal advice on what to do.