My I-94 wasn't taken by the USCIS Officer during and after my AOS interview. Should I be worried?

Asked over 1 year ago - Dallas, TX

My interview went well but he said he will leave in my passport and get back to I and my wife about his decision in a couple of weeks either through a phone call or mail. He also pleaded with me not to leave the country during this process. I was kind of confused because I was told that they take the I-94 if they are going to approve you and my interview went well because he only asked a couple of marriage related questions and spent most of the interview time going through the forms we had filled to make sure everything was correct. He contemplated taking the I-94 then said since I am still a student he won't take it.

Additional information

He told us we will get a response in 2-3 weeks.It's been over 2 weeks and my uscis status is still on testing and interview and hasn't changed. Also i haven't received any mail from them yet

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . Not on the basis of your I-94 not having been taken by the officer. You had been told incorrectly. It is completely discretionary with the officer whether to take your status form or not. Most officers in most jurisdictions I had interviews in, do not take status forms at the interview. Some do.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. Wendy Rebecca Barlow

    Contributor Level 20


    Lawyers agree

    Answered . You do not need to worry. It sounds like you remain in valid non-immigrant status. As such, you may need your I-94. You will get a decision on the mail.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (... more
  3. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . There seems to be no reason to worry based on the facts you gave us. Walt for the decision to arrive in the mail within the next few weeks.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. Cindy Medina

    Contributor Level 14


    Lawyers agree

    Answered . I agree with attorney Barlow.

  5. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . Who ever 'told' you this doesn't know what they are talking about and the world would be better off if they stopped giving immigration advice.

    You are perfectly fine ... don't count the days, it could take more than 3 weeks. The CIS officer is only able to give an estimate ... it is not a promise to do something in 21 days.
    Relax, enjoy your new marriage and ... STAY IN SCHOOL.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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