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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default Entering Under the Visa Waiver Program After Failing to Turn In an I-94

    I have a rather convoluted problem with a planned trip to the US. I visited New York in 2003 for a week, before travelling to Toronto on the coach. My I-94W form was not collected at immigration and for some reason my uncle in Toronto ripped it out of my passport and tore it up, thinking I wouldn't need it again....

    Anyway I thought no more about it until we decided to book a long weekend in New York next month. However looking into it, it seems that because my departure date from the US was effectively not recorded back in 2003, I may have major problems passing through immigration. I still have my old passport with the Canadian entry stamp the week after I arrived in the USA, and also stamps for a subsequent visit to Australia a couple of months later - which obviously show I was not in the USA. However I am still very worried that they could refuse entry. Is there anything I can do? I would be devastated if I had to cancel the trip

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,886

    Default Re: Entering Under the Visa Waiver Program After Failing to Turn In an I-94

    If you entered Canada, and that's marked on your passport, that stands as pretty solid evidence that you left the U.S. on that date. If you reentered, even if on the same I-94, there should be a record of your reentry.

    As you're eligible for VWP, or at least should be if there is no overstay issue, have you completed ESTA? If there's a problem, I would expect it to show up. If not, get on it.

    This was back in 2003... so is the Canadian stamp in your current passport? If it's in an old passport, I would take that along "just in case". If you can track down other proof of travel from that period, to help document that you left the U.S. and did not reenter, that could be helpful as well. I would not volunteer any documentation unless this becomes an issue at the port of entry.

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