Form I-94, or the Arrival/Departure Record form, is an essential document issued by the United States Department of Homeland Security (DHS) through Customs and Border Protection (CBP). It helps in keeping the track of entry and exit of non-citizens and temporary visitors such as tourists, students, temporary workers, or business visitors.
What is the importance of Form I-94?
Form I-94 is a critical document because it:
- Proof of Lawful Entry: This document proves that a visitor entered the United States legally and has complied with immigration rules.
- Duration of Stay: As a lawful document, the visa provides the date by which the visitor must leave the U.S. This date is known as the “Admit Until Date.” specifying this date helps travelers ensure they do not overstay the allowed visit period, which might lead to penalties, deportation, or future visa ineligibility.
- Immigration Status: It also identifies and tells whether the visitor is visiting as a tourist, student, for business purposes/meetings, or as a temporary worker.
Who needs to file Form I-94?
Form I-94 is required by non-US citizens who are entering the United States for a temporary stay. There may be the following methods of entering the U.S.:
- As tourists, wherein they visit the United States for leisure, sightseeing, or to visit family and friends.
- As students for their studies via student visas (e.g., F, J, or M visas).
- As temporary workers, the individuals enter with temporary work visas, such as H-1B, L-1, or other employment-related visas.
- As business visitors wherein non-citizens enter the United States for business purposes such as attending meetings, conferences, etc.
What are the exceptions to Form I-94?
Certain individuals do not require Form I-94 upon entry to the U.S., including:
- U.S. citizens
- Lawful Permanent Residents (LPR)
- Canadian citizens visiting or in transit, unless the stay is for more than six months.
- Are entering the U.S. for a temporary stay as an employee on an airline flight crew.
- Visa Waiver Program travelers
How to obtain Form I-94?
The process of obtaining form I-94 depends on whether the travellor is entering the United States by sea, air, or land. They are discussed in detail below:
What are the documents required for I-94?
- Passport
- Visa (if applicable)
- Proof of Residence
- Proof of Employment
- Travel Itinerary (such as hotel reservations or an invitation letter should be available as proof of travel plans)
Arrival by Land Process
Who Needs I-94 for Land Entry?
Travelers entering the U.S. by land border crossing (e.g., by car, or bus) typically need to obtain a Form I-94 to document their arrival.
How to apply for I-94, Land Entry?
- The fee for an I-94 is $6 per person, which is non-refundable, even if entry into the U.S. is denied.
- The traveler must enter the U.S. within seven days of applying for the I-94 online. If the traveler fails to enter within this window, the application will expire, and a new application must be submitted.
- At the border, the travelers will be interviewed by a CBP officer. They will inquire about the purpose of the visit and may request additional documentation. Additionally, at the border, the traveler may be asked for biometric data, such as fingerprints or a facial scan.
Arrival by Air or Sea Process
Who needs I-94 for air or sea entry?
Travelers who are entering the borders of the United States via Airplane or ship need to obtain I-94.
How to apply for I-94 for air or sea entry?
You do not have to apply for an I-94 form if you are entering by air or sea, because as soon as travelers arrive in the United States they automatically receive an electronic I-94 form upon entry.
Wherein a CBP officer inspects the traveler’s documents and passport at the United States border. This stamp indicates the date of arrival, immigration status, and admission until the date or duration of stay for students.
In the technologically advanced world now travelers have access to their electronic I-94 records via the CBP One™ app or the I-94 website, which can be viewed, downloaded, or printed.
What is Form (I-94W) Visa Waiver Program (VWP)?
There is a Visa waiver program in some particular countries with the United States wherein travelers from those countries can travel to the United States without applying for a visa, however, they have to file form I-94(W). This must be obtained through an Electronic System for Travel Authorization (ESTA) before traveling to the U.S.
When their form I-94W is approved, they can travel to the United States, and this form will help track their stay and legalize it. The process for obtaining Form I-94W for travelers from VWP countries is the same whether traveling by sea, air, or land.
What is the Admit Until Date on Form I-94?
Admit Until Date on Form I-94 is the time for the traveler to be allowed to remain in the United States legally. The traveler is required to leave the U.S. on or before the admit until date. It has been made clear by the authorities that staying beyond this point can lead to severe consequences, including:
- Deportation.
- Ineligibility for future visas or immigration benefits.
- Potential bans from reentering the U.S.
What is the Duration of Status (D/S) for Students on form I-94?
For individuals who enter the United States as students on F, J, or M visas, their admit until date is marked as the duration of stay, which means that the student can remain legally in the United States as long as they meet their visa requirements and their I-20 (F-1) or DS-2019 (J-1) has not expired.
What should I do if I lose my I-94 form?
If a traveler loses their I-94 or cannot access their electronic record, they can request a replacement.
- For Entries After April 2013: Travelers can retrieve their I-94 record for free through the CBP One™ app or the I-94 website.
- For Entries Before April 2013: Travelers must file Form I-102 and pay a fee to request a replacement from USCIS.
What are unique I-94 numbers?
Each form of I-94 is assigned a unique 11-character code that helps track the traveler’s entry. The traveler’s number helps get immigration benefits in the long run and may also be required for other documents such as driver’s licenses and driver’s authorization.
What should you do if there is an error on your Form I-94?
The following are the two options at your resort:
Option 1: Visit a United States Customs and Border Protection (CBP) Deferred Inspection Office in person. This is the best option if you need to correct the mistake quickly or if it was on your paper I-94 card or passport stamp.
Option 2: Correct by email if the error is in your electronic I-94 record but your passport details are correct. You can email the CBP to request a correction.
But before you go to the CBP Officer or send the email, ensure that you have proper documents to back up your claim that there has been an error and that you need to rectify it.
What happens when I leave the U.S.?
When you leave the United States, your Form I-94 record is updated to show your departure. If you are departing by plane, you do not need to do anything to submit your I-94 record, as the United States government automatically receives your departure information from the airline, which is usually updated after you leave the United States.
However, if you are leaving through the border, Customs and Borders protection may not automatically receive your departure information. Therefore, you are supposed to keep the proof that you have exited from the United States, primarily when your form I-94 is obtained electronically.
You have to keep your documents up to date with the exit stamps on your passports, tickets from the transportation, or anything that helps you prove your case that you have left the United States on the appropriate date.
What happens to my form I-94 when there is an adjustment of status?
If your plans change and you decide to extend your stay or adjust your status after arriving in the United States, the United States Citizenship and Immigration Services will issue a new form I-94 or any other relevant documentation reflecting your updated immigration status.
This is required when you apply for a green card (permanent residency). USCIS will provide you with updated documentation showing your new status. In this circumstance, your original I-94 will no longer be valid, reflecting your current immigration situation, and you will be given a new one to serve as proof of lawful presence and legal rights to live or work in the U.S.
Conclusion
Form I-94 is a document for non-US citizens visiting the United States, and ensuring its accuracy is key to maintaining lawful immigration status. Travelers should be proactive in obtaining, reviewing, and preserving their I-94, as it serves as the foundation for verifying their stay duration, immigration status, and lawful presence in the U.S. Now there is automated issuance for air and sea arrivals, and online accessibility makes it easy for travelers to keep track of their status, extending transparency and convenience.
