An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.[1] While citizens of the countries in the U.S. Visa Waiver Program list[2], who are entering the United States via an air or seaport for 90 days or less and who are not U.S. citizens or permanent residents are required to complete an I-94W ("Non-immigrant Visa Waiver Arrival/Departure Form"), these visitors must now also obtain an Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. It is expected that the I-94W form requirement will be dropped after a transitional period.[3].

A completed Form I-94 is presented by the foreign citizen at the port of entry to the United States to a CBP Officer, who stamps the form and gives the final approval for admission of the foreign citizen into the United States in a specific non-immigrant status for a specific authorized period.[4]

As a general rule, non-U.S. citizens who are also non-U.S. permanent residents [1]departing the United States are required to surrender (typically to the airline or ship representative) their Form I-94 when leaving the United States, so that their departure can be properly recorded by the CBP Officers. When departing the United States for Canada or Mexico (only), for a trip of less than 30 days, it is not required to surrender the I-94 [5].

If the I-94 form is lost or stolen while the non-immigrant is in the United States, a replacement form may be requested from USCIS. [6]

While in the United States, non-immigrant visitors[clarification needed] (but not VWP visitors) may apply for a change of non-immigrant visa status from one category to another or for an extension of the previous non-immigrant status by filing form Form I-539 with USCIS.[7] Upon approving such application, USCIS issues an approval notice, the bottom portion of which is a new Form I-94 for the non-immigrant, reflecting that visitor's new or extended non-immigrant visa status and also showing a new authorization period for that status.

See also

References

  1. ^ Filling Out Arrival-Departure Record, CBP Form I-94, for Nonimmigrant Visitors with a Visa for the U.S. U.S. Customs and Border Protection. Accessed May 1, 2008
  2. ^ Visa Waiver Program (VWP). U.S. State Department. Accessed May 1, 2008
  3. ^ Department of Homeland Security ESTA Press Release. Accessed January 12, 2009
  4. ^ FAQs on the Arrival-Departure Record (I-94 Form) & Crewman Landing Permit (I-95 Form). U.S. Customs and Border Protection. Accessed May 1, 2008
  5. ^ Department of Homeland Security ESTA Press Release. Accessed January 12, 2009
  6. ^ Application for Replacement/Initial Nonimmigrant Arrival-Departure Document. USCIS. Accessed May 1, 2008
  7. ^ Application To Extend/Change Nonimmigrant Status. USCIS. Accessed May 2, 2008

External links

Categories: United States government forms | United States Department of Homeland Security

 

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