Form I-94: Understanding Your U.S. Arrival/Departure Record

Form I-94 functions as the official record of a traveler’s arrival and departure to and from the United States. It is a critical document for international visitors as it proves their legal visitor status within the country.

The Form I-94 serves multiple purposes:

• It acts as evidence of a lawful entry into the United States.
• It indicates the duration of authorized stay for a traveler.
• It is used to document legal visitor status and terms of admission.
• The I-94 form is also utilized for employment eligibility verification and for various immigration benefits.

Form I-94 is primarily created electronically upon arrival via air or sea after April 30, 2013:

• An electronic record for each traveler is generated by U.S. Customs and Border Protection (CBP).
• Travelers who are entering the U.S. via land border crossings or select ferry services may receive or apply for a paper Form I-94.

Form I-94 encompasses the traveler’s arrival and departure record, documenting entries and exits:

• Upon admission to the U.S., the I-94 record is stamped and determined by a CBP officer at the port of entry.
• A traveler’s departure from the U.S. is logged in this record, which contributes to their travel history necessary for future entries or immigration applications.

Form I-94 is an important document for tracking entries and exits to the United States. Understanding who is eligible and the requirements for obtaining a Form I-94 ensures smooth entry for travelers.

Non-immigrant visa holders must obtain a Form I-94 upon entry to the U.S., which serves as evidence of their legal status and terms of their admission. The process differs slightly based on the mode of entry:

• Air and Sea Travel: The form is typically issued during the admission process.
• Land Entry: Travelers may need to apply for I-94 beforehand or upon arrival.

Participants in the Visa Waiver Program (VWP) are not required to fill out the traditional I-94 or I-94W paper form but must apply through the Electronic System for Travel Authorization (ESTA) before their travel. Upon entering the U.S.:

• ESTA approval serves the same function as the I-94 for these travelers.
• They receive an electronic I-94 record during the admission process.

Travelers entering the U.S. via land borders have specific instructions:

• They have the option to apply for a new I-94 online to expedite the admission process.
• On arrival, a CBP officer will verify their documents and provide the I-94 if the application was made beforehand or issue one during the admission process.

Form I-94 is an essential record for non-U.S. citizens to demonstrate their legal visitor status. The process is straightforward, but attention to detail is critical.

• Access the Form: Travelers can obtain Form I-94 electronically upon arrival or retrieve it through the official I-94 website.
• Complete Personal Details: They must provide accurate personal information such as name, passport number, and country of citizenship.
• Answer Questions: Applicants should answer all required questions pertaining to their visit, including the purpose of travel and duration of stay.
• Submit the Form: Once completed, travelers submit the form electronically. For those entering by land, pre-submission is also an option which can expedite the process at the border.

• Passport: A valid passport is necessary when applying for or retrieving Form I-94.
• Visa: If applicable, the individual must have a valid visa.
• Travel Itinerary: Providing details of travel plans may be required, particularly for those entering by sea or air.
• Proof of Residence: In some cases, proof of residence outside the U.S. is necessary to show intent to return after the visit.

After an individual submits their Form I-94, they can engage with U.S. Customs and Border Protection (CBP) services to access their travel records and ensure their visit stays compliant with U.S. immigration laws.

To retrieve a recent Form I-94, an individual may visit the official I-94 website. They will need to provide their passport information and the form includes proof of their legal visitor status. It also allows them to view a limited travel history of their arrivals and departures into the United States.

The admission stamp or paper Form I-94 includes an admission number, which serves as evidence of the individual’s legal admission into the country. This number is also essential for verifying immigration status and is often required when applying for immigration benefits or other government services.

Form I-94 serves as evidence of a lawful entry and the terms of a traveler’s stay in the United States. Understanding the duration of stay and how to request extensions is crucial for maintaining legal status.

The Form I-94 explicitly states the permitted length of stay for travelers entering the United States. This period is determined by U.S. Customs and Border Protection (CBP) at the point of entry and can differ from the visa validity. It is the individual’s responsibility to depart the U.S. by the date indicated on the I-94. Failure to do so can result in being barred from re-entry or deportation.

Individuals seeking to extend their stay must file a request using Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS) before the I-94 expires. Eligibility for an extension varies by visa category; not all nonimmigrant statuses are eligible for an extension.

• Eligibility: They must meet certain criteria, including a valid reason for extension and maintaining their nonimmigrant status.
• Filing: Applications must be filed in a timely manner to avoid any lapse in legal status.
• Decision: USCIS’s decision on the extension will define their legal status moving forward.

Travelers need to be aware of the terms of their stay and follow the appropriate legal procedures to extend their stay if necessary.

Form I-94, as the official record of entry and departure, carries significant weight in immigration compliance. Failure to adhere to the guidelines detailed in this form can lead to severe immigration consequences, including affecting one’s legal status and future entries into the United States.

Immediate Effects:

• A non-immigrant who overstays the authorized period of stay provided on their I-94 may automatically void their visa.
• Overstays may be barred from returning to the U.S. for periods of three years, ten years, or permanently, depending on the length of the overstay.

Impact on Future U.S. Immigration:

• Overstays are documented and can influence future decisions on visa applications.
• A record of overstaying may result in being ineligible for visa waiver programs.

Application Process:

• Non-immigrants must file a Change of Status request with USCIS before their I-94 expires if they wish to legally change their visitor status in the U.S.
• The individual’s current status must be maintained while the application for Change of Status is pending.

Requirements for Approval:

• Applicants must provide clear evidence of eligibility for the new status.
• They must demonstrate that the change is consistent with the terms of their admission and that they have not violated their current status.

When engaging in international travel, nonimmigrants to the United States need to be aware of the guidelines regarding Form I-94 for seamless re-entry and record updating. Always ensuring information is current and compliant with U.S. regulations is crucial.

Upon returning to the United States, a traveler with a current Form I-94 may not need to obtain a new one if their travel was brief, casual, and innocent—typically short trips to Canada or Mexico. The key is that their status and intentions to leave upon their visa’s expiration remain unchanged. Re-entry on the same I-94 is commonly permitted for travelers who:

• Have a valid multiple entry visa
• Have a passport valid for six months beyond the period of intended stay in the U.S.
• Are seeking to re-enter after a temporary visit elsewhere of fewer than 30 days.

It’s important for travelers to ensure their I-94 has not expired before leaving the U.S. An expired I-94 upon return can lead to denial of re-entry.

Travelers who may need an updated I-94 after international travel should check their I-94 record online upon re-entry to the U.S:

1. Visit the official I-94 website.
2. Enter the required personal information.
3. Verify travel dates and admission stamps.

Discrepancies or errors in one’s travel record can affect immigration status and should be addressed immediately. If changes occurred to immigration status or visas while abroad, travelers need to ensure their I-94 reflects their current status upon returning. In cases where a new I-94 is issued at the port of entry, travelers must verify that all information is accurate and corresponds with their authorized period of stay.

In this section, readers will find resources related to Form I-94 and answers to commonly asked questions. This information aims to provide clarity on post-arrival procedures and available assistance.

For individuals looking to learn more about Form I-94 or needing assistance, there are several resources available:

• U.S. Customs and Border Protection (CBP) I-94 Website: The official platform for retrieving an I-94 admission number/record and viewing a limited travel history.
• USCIS Contact Center: For queries and issues not resolved online, individuals may reach out to the USCIS Contact Center for additional support.a