Form I-94, Arrival/Departure Forms
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Everything You Need to Know About Form I-94 and I-94W
The immigration process in the United States can feel extremely overwhelming, no matter if it’s your first time entering the country or if you’re adjusting your status. Form I-94 is one of the most crucial immigration forms that many immigration processes require. For this reason, it’s essential to understand what Form I-94 is, what it signifies, and how you can use it in your case.
A Grupo Jurídico Ybarra Maldonado, nuestro Abogados de inmigración en Phoenix are here to simplify the process of immigration and help you understand the role of your I-94. When you work with our team, you’ll have all the guidance you need for an immigration journey that is as smooth as possible. To schedule a case evaluation with us about your case, please call our office at 602-910-4040 hoy.
What Is Form I-94?
Form I-94 is an arrival and departure record issued by U.S. Customs and Border Protection (CBP) to track the legal visitor status of non-immigrant travelers entering the United States. It documents essential information such as the date of entry, immigration status, and the duration of the authorized stay.
While Form I-94 was once a paper document, it is now primarily an electronic form for air and sea travelers, streamlining the process and allowing travelers to access their records online. This form is vital for ensuring that visitors comply with the terms of their stay in the U.S. It is a required form for many immigration petitions and visa requests.
What Is Form I-94W?
Form I-94W is a version of the standard I-94 form used specifically for travelers entering the United States under the Visa Waiver Program. This program allows citizens of certain countries to visit the U.S. for tourism or business purposes without obtaining a visa, provided their stay is 90 days or less.
The I-94W collects information about the traveler’s eligibility and must be completed before entering the U.S. to ensure compliance with Visa Waiver Program requirements. These forms are generally processed online.
Similarly, flight crew members will need a Form I-95 instead of I-94 or I-94W. All three of these forms serve similar purposes. If you are unsure of whether an I-94W or I-95 may apply to you, speak with your attorney or a CBP officer.
Who Needs an I-94?
In general, the following parties must receive an I-94 form upon entering the United States.
- Most who are traveling to the United States and are not citizens. This can include students, tourists, exchange program visitors, and temporary workers.
- Those who are adjusting their status while in the United States.
- Those planning to extend their current non-immigrant visas while in the United States.
- Most non-citizens returning to the United States.
Those Traveling to the United States
Individuals traveling to the United States as non-immigrants need a Form I-94 to document their lawful status during their visit. This form records important details such as the traveler’s date of entry, their immigration status, and how long they are permitted to stay in the country. Without a valid Form I-94, a visitor’s presence in the U.S. may be considered unauthorized, putting them at risk of legal consequences, including deportation.
Those Adjusting Their Status or Extending Their Current Non-Immigrant Stay
Non-immigrants already in the U.S. who are seeking to adjust their status or extend their current stay must ensure their Form I-94 is up-to-date and valid. This form serves as proof of their nonimmigrant status and outlines the duration of their authorized stay.
Whether they are transitioning to another visa category or simply extending their current status, the Form I-94 plays a critical role in verifying their eligibility for these changes while remaining in compliance with U.S. immigration laws.
Non-Citizens Returning to the United States
Non-citizens, such as returning resident aliens, who are re-entering the United States after traveling abroad will need to present their Form I-94 to confirm their prior admission and lawful presence in the country. This form helps a CBP officer verify that the individual had previously been granted authorization to live or work in the U.S. and is now returning to resume their residency or employment under the same terms.
Who Does Not Need an I-94?
Many individuals do not need an I-94 travel record when entering and traveling in the United States. The following parties do not need an I-94 form.
- U.S. Citizens
- Lawful permanent residents (green card holders)
- Canadian citizens in transit or visiting
- Those with immigrant visas
- Visa Waiver Program travelers (They get an I-94W instead of an I-94.)
U.S. Citizens, Lawful Permanent Residents, and Those with an Immigrant Visa
U.S. citizens, lawful permanent residents, and those traveling with an immigrant visa do not need a Form I-94 to enter the country. Since these individuals are either citizens or resident aliens, their immigration status has already been established, allowing them to enter and remain in the United States without requiring additional documentation like the I-94. For these groups, re-entry into the U.S. does not require the same level of scrutiny as non-immigrant visitors.
Most Canadian Citizens Visiting the United States
In most cases, Canadian citizens visiting the United States for short trips related to business or tourism do not need a Form I-94. As part of a special agreement between the U.S. and Canada, Canadian citizens benefit from simplified entry procedures. However, Canadians entering the U.S. for specific purposes, such as employment or study, may still be required to obtain an I-94 to document their legal visitor status.
Travelers Under the Visa Waiver Program
Travelers entering the United States under the Visa Waiver Program do not need to complete a traditional Form I-94 upon arrival. Instead, their information is collected electronically when they apply for ESTA (Electronic System for Travel Authorization).
When re-entering the United States after a short trip abroad, these travelers may still need to confirm their eligibility under the Visa Waiver Program but typically do not require a physical I-94 form.
How to Get I-94 Form During the Admission Process
After entering the country legally, there are two main ways you can get an I-94 form. How you get the form largely depends on how you physically enter the United States. If entering by land, you will receive a standard paper I-94. If entering by sea or air, you will receive an electronic I-94 travel record.
If You Arrive by Sea or Air
Most travelers who enter the United States via land or sea will already have an electronic I-94 travel record created for them when they proceed through customs. Upon your arrival, you will show your passport and visa to a Customs and Border Protection agent. They will put your information into an electronic tracking system.
Then, they stamp your passport to confirm that you entered the country legally. This stamp is not an indicator of your immigration status, but rather an indication that you are in the country lawfully. The CBP agent will likely give you instructions for accessing your electronic I-94.
If You Arrive by Land
If you arrive in the United States at a land border, you will most likely receive a paper Form I-94. This used to be the standard form for all methods of entry, but is now most common for land entries. A CBP officer will issue and fill out this paper I-94, then staple it to your passport. You can also apply for an I-94 before you arrive, but there is a small $6 fee for this expedited method.
Why Is the Travel History I-94 Form Important?
The I-94 is basically a log of all of your past entries and exits in the United States. The travel history details your arrival and departure dates, the ports of entry, ports of exit, your admission class, and how long you were authorized to stay. Your I-94 travel record and your passport will have an “Admit Until Date,” which details how long you are authorized to stay.
The travel history associated with the I-94 form is important because it helps U.S. Citizenship and Immigration Services track the entry and exit dates of non-immigrant visitors. This record ensures that individuals comply with the terms of their stay and provides crucial information when applying for extensions, changes in immigration status, or future visas.
Additionally, travel history is vital for homeland security purposes. It allows authorities to monitor the movement of individuals entering and leaving the country, ensuring that they do not overstay their authorized visit and helping maintain national security.
Finally, the I-94 is vital for you as an immigrant or traveler. It is beneficial in the following ways.
- You have legally entered the country in the past.
- You can provide the I-94 travel history as supporting documentation if you want to adjust your status.
- The I-94 travel history can help clear up any issues or discrepancies on your immigration record.
Where to Find Your I-94 Travel History
los CBP website is the best place to access your I-94 travel history. It will only show your travel history for the last 5 years, but you can also request the full history of entry stamps if you need it. If you adjust your status or decide to extend your stay in the United States, USCIS will issue you a new I-94 to reflect this change. This is crucial evidence for showing your lawful presence in the country.
Form I-94 Arrival-Departure Record Number
After your entry is approved by CBP, they will issue you either an electronic or paper Form I-94, and a unique code will be assigned to your travel record. This code is specifically linked to one entrance into the United States, so you will receive a new code each time you enter the U.S. The number will appear on your I-94 form. It is an alphanumeric code, meaning it uses a mix of letters and numbers.
I-94 Cost
There is no fee to receive an I-94. This applies to both paper and electronic travel records, as well as all legitimate forms of entry (land, air, or sea). The only way you may be required to pay a fee is if you apply for a provisional I-94 online. The provisional I-94 basically simplifies the entry process and can help you spend less time waiting in line. It has a fee of only $6.
How to Get a Copy of Your I-94
If you need a copy of your electronic or paper form I-94 travel record, either because you have lost it or for other reasons, you can request these records from USCIS. Depending on when you arrived in the United States, there are two main methods for requesting your records from USCIS.
Replacing a Lost I-94
- Entered before 2013: Submit Form I-102 to request a replacement I-94. This completed form must be mailed to USCIS, and you will need to pay a filing fee of $560.
- Entered after 2013: You can request a copy of your most recent I-94 from a CBP officer. Such requests are free, so there is no fee.
I-94 Expiration Date
On your electronic I-94 form, you will see three dates printed. The first date is in the top right-hand corner. This is the Office of Management and Budget (OMB) form expiration date. All government forms, including immigration forms, have this expiration date stamped or printed on the forms. These validity dates change regularly, but note that an expired OMB date does not invalidate your I-94 form. These dates are not related to your immigration status in the United States.
You will also see your most recent date of entry in the middle of the card, aligned to the left. This is simply an indicator of the most recent date on which you entered the country. Lastly, the form will have an “Admit Until Date” around the middle of the form. This date is very important, as it indicates the date that the traveler’s immigration status expires. It is the date that USCIS and other government agencies often use when administering immigration or public benefits.
What Are Some Alternative Documents to Form I-94?
An I-94 is an essential piece of evidence that USCIS requires in many different immigration cases. If you do not have this form, the Department of Homeland Security may assume that you have entered the country unlawfully. To prevent this, you must present other evidence of your lawful entry. DHS will require you to submit both of the following forms as alternatives to your I-94.
- Notarized personal affidavit: This is a written statement that explains why you do not have the required documents.
- Other evidence: This includes any evidence that supports the fact that you entered the United States lawfully. Common examples are plane ticket receipts, boarding passes, or even copies of your relatives’ passports if you entered the United States with them.
Contact Ybarra Maldonado Law Group, a Top Phoenix Immigration Law Firm
If you’re facing any confusion or challenges related to your Form I-94 or travel authorization, Ybarra Maldonado Law Group is here to help. Our experienced immigration attorneys have extensive experience helping individuals understand and navigate the immigration system. We will guide you through every step of the process, ensuring you have the support you need.
Don’t leave your immigration status to chance – reach out to Ybarra Maldonado Law Group today to ensure your I-94 and travel authorization are properly handled.
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