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I-94 Over-stayer

Posted:
29 Nov 2016, 20:20
by Kraken
I returned from Orlando just over a week ago & my I-94 history has not updated to reflect my departure from the USA. Thinking back, I am fairly sure I did not see the check-in agent swipe my passport through the reader at Disney Springs check-in, so my departure may have been missed, making me a potential over-stayer in 60 something days time in US immigrations' eyes.
However, my ESTA expired while I was in the USA & my passport is currently at the passport office for renewal. So next USA trip will be on new passport (different number, obviously) and new ESTA. Am I right in thinking that the over-stay will not matter as the passport number will have changed? Or, do I need to start the process of manually amending my I-94 record to prove I left the USA early last week?
Thanks for any suggestions as to what to do.
Re: I-94 Over-stayer

Posted:
29 Nov 2016, 21:06
by Hev60
Kraken wrote:I returned from Orlando just over a week ago & my I-94 history has not updated to reflect my departure from the USA. Thinking back, I am fairly sure I did not see the check-in agent swipe my passport through the reader at Disney Springs check-in, so my departure may have been missed, making me a potential over-stayer in 60 something days time in US immigrations' eyes.
However, my ESTA expired while I was in the USA & my passport is currently at the passport office for renewal. So next USA trip will be on new passport (different number, obviously) and new ESTA. Am I right in thinking that the over-stay will not matter as the passport number will have changed? Or, do I need to start the process of manually amending my I-94 record to prove I left the USA early last week?
Thanks for any suggestions as to what to do.
Firstly out of interest how do you know your passport wasn't updated at the deoarture point?
Not sure how things have changed but I had a rather worrying incident in 1998 after I visited Orlando. In those days we had that little green I-94 immigration form stapled into our passport. Apparently it was then the responsibility of the VS checkin agent to remove this when home bound boarding passes were issued at the checkin counter.
In my case the form was never taken out of my passport and I noticed it two days later when back in the UK.
I telephoned VS and 'all hell broke loose'. Effectively I was still in the US (passports weren't electronically scanned in those days and they were totally reliant on that green stub) I had to contact the American Embassy, not an easy process. They needed VS to provide proof I left Orlando on their flight and I had to produce my boarding card and luggage tickets. I had to get a letter from my Employer to say I had returned to work and was still not in the US. I had to sign a legal statement swearing the truth that I had left their country on that specific day.
It was all rather daunting. To give them credit, Virgin Atlantic took full responsibility for their mistake and I received an apology letter and a cash/voucher compensation. However it was an experience I did not want to repeat again. I always made sure that piece of paper was taken out of my passport. Nowadays I watch carefully that my passport is scanned by the departure agent.
Hope that helps because even in today's electronic world, I wouldn't just assume an out of date ESTA and a new passport will solve the issue that you have not been registered as departing from the US. After all they will still have your name, date of birth etc on their records somewhere.
Re: I-94 Over-stayer

Posted:
29 Nov 2016, 22:35
by honey lamb
Kraken wrote:However, my ESTA expired while I was in the USA & my passport is currently at the passport office for renewal. So next USA trip will be on new passport (different number, obviously) and new ESTA. Am I right in thinking that the over-stay will not matter as the passport number will have changed? Or, do I need to start the process of manually amending my I-94 record to prove I left the USA early last week?
Thanks for any suggestions as to what to do.
While I can't answer the question as to whether or not you need to be manually amending your record, what I can tell you is that on one occasion when going through pre-Clearance in DUB on a new passport and ESTA, the agent was able to tell me that on my last occasion through Immigration in YVR en route to Seattle, my fingers had not been properly aligned so he was obviously able to see previous entries into the USA.
BTW, how do you check your I-94 history?
Re: I-94 Over-stayer

Posted:
29 Nov 2016, 22:45
by tontybear
honey lamb wrote:BTW, how do you check your I-94 history?
et voila!
I-94 official website
Re: I-94 Over-stayer

Posted:
29 Nov 2016, 22:47
by Kraken
honey lamb wrote:BTW, how do you check your I-94 history?
https://i94.cbp.dhs.gov/I94/#/homeSounds like I may be needing a letter from the employer, credit card receipts / bank statements to show that I have been spending money in the UK since leaving the USA then - if they can link you between different passports.
Back in the days of the old green I-94 card stapled in your passport, my Dad often had his left in the passport on departure from the USA (he was there at least twice a month) - he just binned the green I-94 card before the next visit and never had any problems. This was all before the system went electronic though - I bet not all those green I-94 departure cards got scanned to match up serial numbers, whereas a quick swipe of your passport at check-in now confirms departure (as long as the flight subsequently leaves the USA).
Re: I-94 Over-stayer

Posted:
29 Nov 2016, 23:03
by Vegascrazy
I never knew we could check online! Just viewed all my US entries & exits for last few years!
Re: I-94 Over-stayer

Posted:
29 Nov 2016, 23:19
by Silver Fox
Well I seem to have had three overstays in 2015 and it has not made any difference to me, so I wouldn't worry about it at all.
Re: I-94 Over-stayer

Posted:
29 Nov 2016, 23:26
by Hev60
tontybear wrote:honey lamb wrote:BTW, how do you check your I-94 history?
et voila!
I-94 official website
Wow how interesting, never knew that exsisted.
Re: I-94 Over-stayer

Posted:
29 Nov 2016, 23:31
by Hev60
Silver Fox wrote:Well I seem to have had three overstays in 2015 and it has not made any difference to me, so I wouldn't worry about it at all.
You must be amazingly lucky coz someone is not doing their job properly, otherwise what is the point of stating we can only stay for 90days. Don't tell Mr President-elect that the border control agency is not working effectively

Re: I-94 Over-stayer

Posted:
30 Nov 2016, 09:36
by dickydotcom
That's a worry. I just put in my details with the passport used for the last 7 years and it tells me there are no travel details for this user.
And I've just done it with my new passport number which is linked to my new ESTA as yet not travelled on.
Again, no travel history.
Dick D
Re: I-94 Over-stayer

Posted:
30 Nov 2016, 09:42
by jayden
Apparently I'm still in the Us from a trip back in February despite having been in and out 3 times since!
Seems sometimes going though ATL it doesn't like to log your exit!
Re: I-94 Over-stayer

Posted:
30 Nov 2016, 10:56
by mitchja
Having also just logged in and checked, my travel history is all correct over the past 5 years.
Interesting that the port of exit isn't actually listed as being the airport itself (apart from both my trips through MIA). Looks like in most cases, the port of exit is actually processed away from the airport itself.
Re: I-94 Over-stayer

Posted:
30 Nov 2016, 11:46
by Silver Fox
Hev60 wrote:Silver Fox wrote:Well I seem to have had three overstays in 2015 and it has not made any difference to me, so I wouldn't worry about it at all.
You must be amazingly lucky coz someone is not doing their job properly, otherwise what is the point of stating we can only stay for 90days. Don't tell Mr President-elect that the border control agency is not working effectively 
It's like the time I had to get a driving licence there (California), turned up at DMV office, long delay and lots of frowning, then the woman behind the desk says "actually, you are not in the country according to our records that are synced up with immigration". I don't think much will have changed, or will change!
And since the last "overstay" I have been back about 15 times. Sometimes using GE, sometimes a kiosk, so I feel pretty comfortable that if you turn up they have the wit to work out that someone has left and it has not been recorded due to someone's mistake.
That said, if someone is really worried then perhaps this might help:
https://www.dhs.gov/one-stop-travelers-redress-process (and if it has been mentioned upthread, sorry for the duplicate but I am too lazy to check today!).
Re: I-94 Over-stayer

Posted:
30 Nov 2016, 11:59
by pjh
mitchja wrote:
Interesting that the port of exit isn't actually listed as being the airport itself (apart from both my trips through MIA). Looks like in most cases, the port of exit is actually processed away from the airport itself.
I see one occurrence of that in my history.
The site seems only to work in Internet Explorer...
Re: I-94 Over-stayer

Posted:
30 Nov 2016, 13:25
by gumshoe
Yes, looks like they hired Virgin's web design team as both sites are hopeless using Safari.
Re: I-94 Over-stayer

Posted:
30 Nov 2016, 14:47
by DoomWolf
pjh wrote:I see one occurrence of that in my history.
The site seems only to work in Internet Explorer...
Works fine for me in Firefox on Windows and Safari on iPad.
Re: I-94 Over-stayer

Posted:
30 Nov 2016, 15:01
by pjh
DoomWolf wrote:pjh wrote:I see one occurrence of that in my history.
The site seems only to work in Internet Explorer...
Works fine for me in Firefox on Windows and Safari on iPad.
Curious. What I see in both Firefox and Safari on my iPad...
Snap17.jpg (18.82 KiB) Viewed 2101 times
Re: I-94 Over-stayer

Posted:
30 Nov 2016, 15:28
by Vegascrazy
Works fine on Safari on MacBook
Re: I-94 Over-stayer

Posted:
30 Nov 2016, 15:53
by pjh
"Try another browser" is the modern equivalent of "Switch it off and on again".
Re: I-94 Over-stayer

Posted:
30 Nov 2016, 17:04
by slinky09
Oh this is good, 64 visits to the US in five years isn't bad, especially since this year has been slow. According to this site, on two occasions I didn't leave the US, but that didn't stop them letting me back in on the next trip so, Kraken, I'm not sure you should worry.
Oh, and regarding the old green cards, I came home numerous times with these and don't believe they were ever manually reconciled by US immigration - they used the airlines systems data instead for a long time.
Re: I-94 Over-stayer

Posted:
30 Nov 2016, 20:22
by property1925
Same for me. Apparently I never left in 2015; but been in and out numerous times since.
My son and I were held at JFK because wrong fingerprints were attached to passports - he had mine, I had his. A very nice guy said that they recognise honest mistakes and are sensible (I did'nt add it wasnt my mistake). No need to worry
But... my colleague was stopped and held at Immigration for 5 hours for denying he had been to the Middle East when H Security were sure he had. Five hours later, he realised they meant.... Malta.
Re: I-94 Over-stayer

Posted:
01 Dec 2016, 00:09
by Hev60
slinky09 wrote: .....
Oh, and regarding the old green cards, I came home numerous times with these and don't believe they were ever manually reconciled by US immigration - they used the airlines systems data instead for a long time.

So basically I should have kept quiet back in '98 and saved myself and VS a great deal of worry and effort.
At least my last five visits have all the correct entry & exit records correct

Re: I-94 Over-stayer

Posted:
01 Dec 2016, 01:07
by Bretty
Well according to that website I haven't left the USA from my recent visit, although I've been gone 2/52 now. Ho hum...
Re: I-94 Over-stayer

Posted:
01 Dec 2016, 10:57
by dickydotcom
dickydotcom wrote:That's a worry. I just put in my details with the passport used for the last 7 years and it tells me there are no travel details for this user.
And I've just done it with my new passport number which is linked to my new ESTA as yet not travelled on.
Again, no travel history.
Dick D
All is well.
I had been checking my old old passport which expired in 2007 and had no stateside trips.
Can't find my most recent old passport but my old ESTA has the number so a check on that came up with a full history and all journeys recorded both out an in.
So now, where have we put the old passports? We only renewed a month ago when we moved house.
Dick D