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Recovering a lost immigration document is one of the most common questions. There are two paths depending on what you need: Form I-102 to replace arrival/departure records, and a FOIA (Freedom of Information Act) request for your full file or copies of past filings. Here is when to use each.
For replacing:
Not for: green card (I-90), EAD (I-765), USCIS receipts, file copies.
For obtaining:
Not for: asking for new documents or changing decisions.
Most people do not, because since 2013, USCIS and CBP keep the I-94 electronically. Download your current I-94 free at i94.cbp.dhs.gov using your passport and entry date.
You need I-102 when:
USCIS, ICE, and CBP each run their own FOIA. Each agency holds its part of the file.
| Path | Cost | Time |
|---|---|---|
| Electronic I-94 (online) | Free | Instant |
| I-102 USCIS | $560 | 3-9 months |
| FOIA USCIS Track 1 | Free | 30-60 days |
| FOIA USCIS Track 2 | Free | 6-12 months |
| FOIA USCIS Track 3 (expedited) | Free | 2-4 weeks |
| FOIA CBP | Free | 1-3 months |
| FOIA ICE | Free | 2-6 months |
A well-structured FOIA can reveal critical information or prevent surprises. If you are considering a major filing, a prior FOIA can be a smart investment. Schedule a consultation.
Is my old paper I-94 still valid? If you entered before 2013 with a paper I-94, it remains valid as entry proof until you depart. For new verification, download the electronic one if available.
Is FOIA always free? Yes for individuals requesting their own file. Companies or third parties may face copy fees.
How fast is the electronic I-94? Instant if you entered by air and the system has your record. If you entered by land and it does not appear, request correction at a CBP Deferred Inspection Site.
Lost my green card — use I-102? No. Use I-90.
Lost my EAD — use I-102? No. Use I-765 marked "replacement."
Can I FOIA my deceased parent's file? Yes, with the death certificate and proof of relationship.
Does FOIA show what USCIS said internally about my case? Partially. Internal notes are often redacted (b)(5) for deliberation, but you see evidence received, forms filed, decisions, and RFEs.
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Legal disclaimer: This article is for general informational purposes only and is not legal advice. Every immigration case is unique and depends on specific facts that only an attorney can evaluate after reviewing your situation. The law and USCIS policy change frequently. To get guidance on your particular case, schedule a consultation with our firm.
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