Passport with TN Visa I-94 Card Stolen – Now What?
Under U.S. immigration law, every non-citizen is required to carry with him/her at all times any certificate of registration or registration receipt card issued to him/her. 8 U.S.C. § 1304 (e). A TN visa worker’s I-94, Arrival-Departure Record, is one of the registration forms that must be carried at all times. 8 C.F.R. § 264.1 (a). In the event an I-94 card is lost, mutilated, or destroyed, an individual must “immediately apply” for a new one. 8 C.F.R. § 264.1 (c).
To replace a lost, stolen or mutilated I-94, Arrival-Departure Record, the U.S. government advises that individuals file an Application for Replacement/Initial Nonimmigrant Arrival-Departure Record (Form I-102) with USCIS. However, the instructions to Form I-102 state that individuals should not use this form if they are seeking a new I-94 card based on an I-94 issued at a port of entry or otherwise by CBP. In this situation, individuals should contact the nearest CBP office or port of entry and inquire about their procedures.
Based on these instructions, TN visa workers who obtained their I-94 cards at the border should contact CBP to replace a lost or stolen I-94 card. The TN visa regulations provide some guidance in this regard. Under 8 C.F.R. § 214.6 (g), if a TN visa worker seeks readmission to the U.S. and no longer possesses a valid, unexpired I–94 card, and the period of TN visa status has not expired, then a new I–94 may be issued at the border for the remaining period of validity and the individual can then be readmitted in TN status if he/she presents additional evidence.
For Canadian citizens, the regulations state that such evidence may include a TN visa fee receipt or admission stamp in a passport, and a confirming letter from the employer. Mexican citizens must present their valid unexpired TN visa stamp and evidence of their previous admission. It may also be useful to bring a copy of the lost or stolen I-94 (one of the reasons TN visa workers should always keep a copy of their I-94 cards).
If, in addition to the I-94 card, a TN visa worker's passport has also been stolen or lost, then going back to the border for a new I-94 card may not be immediately possible. A passport is now generally required for admission to the U.S., and so obtaining a new passport will be a preliminary step before one may obtain a replacement I-94 card at the border. Citizens of Mexico will also need to file for a new TN visa stamp in this scenario.
If a TN visa worker obtained his/her I-94 card from USCIS, e.g. based on an I-129 petition for an extension of status or change of status, then he/she presumably should use Form I-102 to obtain a replacement I-94 form.
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