An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection U.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, drug and immigration laws (CBP). U.S. Citizenship and Immigration Services USCIS is charged with processing immigrant visa petitions, naturalization petitions, and asylum and refugee applications, as well as making adjudicative decisions performed at the service centers, and managing all other immigration benefits functions performed by the former INS. Other responsibilities include: (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 The Visa Waiver Program is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S. territories of Puerto Rico and the Virgin Islands in the Caribbean, 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 The Electronic System for Travel Authorization is a requirement from the United States government (mandated by the U.S. Congress' Implementing Recommendations of the 9/11 Commission Act of 2007, also known as the "9/11 Act") for participating travelers from Visa Waiver Program (VWP) countries to complete online the I-94W form (formerly (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
- ^ 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 U.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, drug and immigration laws. Accessed May 1, 2008
- ^ Visa Waiver Program (VWP). U.S. State Department The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries. The Department was created in 1789 and was the first executive department established. Accessed May 1, 2008
- ^ Department of Homeland Security ESTA Press Release. Accessed January 12, 2009
- ^ FAQs on the Arrival-Departure Record (I-94 Form) & Crewman Landing Permit (I-95 Form). U.S. Customs and Border Protection U.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, drug and immigration laws. Accessed May 1, 2008
- ^ Department of Homeland Security ESTA Press Release. Accessed January 12, 2009
- ^ Application for Replacement/Initial Nonimmigrant Arrival-Departure Document. USCIS. Accessed May 1, 2008
- ^ Application To Extend/Change Nonimmigrant Status. USCIS. Accessed May 2, 2008
External links
- USCIS: Form I-94 (PDF Portable Document Format is an open standard for document exchange. The file format created by Adobe Systems in 1993 is used for representing two-dimensional documents in a manner independent of the application software, hardware, and operating system. Each PDF file encapsulates a complete description of a fixed-layout 2D document that includes)
- U.S. Customs and Border Protection: I-94 Instructions
- U.S. Customs and Border Protection: Filling Out Form I-94
- U.S. Customs and Border Protection: FAQs on the Arrival-Departure Record (I-94 Form) & Crewman Landing Permit (I-95 Form)
- "DHS Reminds Visa Waiver Program Travelers of ESTA Requirements Effective Today", United States Department of Homeland Security The United States Department of Homeland Security is a Cabinet department of the United States federal government with the primary responsibilities of protecting the territory of the U.S. from terrorist attacks and responding to natural disasters, Office of the Press Secretary, January 12, 2009
Categories: United States government forms | United States Department of Homeland Security Categories: United States federal executive departments | National security institutions | Federal law enforcement agencies of the United States | Civil defense