I-94 (form)
Encyclopedia
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 nonimmigrant visa status. While citizens of the countries in the U.S. Visa Waiver Program
list, 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 ("Nonimmigrant 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. The I-94W form requirement has been dropped during Summer 2010, after a transitional period, for VWP applicants.
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 nonimmigrant status for a specific authorized period.
As a general rule, non-U.S. citizens who are also non-U.S. permanent residents departing the United States are required to surrender their Form I-94 when leaving the United States, so that their departure can be properly recorded by the CBP Officers (typically to the airline or ship representative, or into a deposit box in the terminal). If the Departure Record portion is not surrendered then it may cause difficulties trying to re-enter the USA, as the systems used to track ingoing and outgoing visitors may show that the holder has overstayed, although this may be rectified.
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 If the I-94 form is lost or stolen while the nonimmigrant is in the United States, a replacement form may be requested from USCIS.
While in the United States, nonimmigrant visitors (but not VWP visitors) may apply for a change of nonimmigrant visa status from one category to another or for an extension of the previous nonimmigrant status by filing form Form I-539 with USCIS. Upon approving such application, USCIS issues an approval notice, the bottom portion of which is a new Form I-94 for the nonimmigrant, reflecting that visitor's new or extended nonimmigrant visa status and also showing a new authorization period for that status.
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, customs and immigration. CBP is the...
(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 nonimmigrant visa status. While citizens of the countries in the U.S. Visa Waiver Program
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...
list, 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 ("Nonimmigrant Visa Waiver Arrival/Departure Form"), these visitors must now also obtain an Electronic System for Travel Authorization
Electronic System for Travel Authorization
The Electronic System for Travel Authorization is a United States government requirement for participating travelers from Visa Waiver Program countries arriving by air or sea to complete online the I-94W form in...
(ESTA) prior to traveling to the United States. The I-94W form requirement has been dropped during Summer 2010, after a transitional period, for VWP applicants.
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 nonimmigrant status for a specific authorized period.
As a general rule, non-U.S. citizens who are also non-U.S. permanent residents departing the United States are required to surrender their Form I-94 when leaving the United States, so that their departure can be properly recorded by the CBP Officers (typically to the airline or ship representative, or into a deposit box in the terminal). If the Departure Record portion is not surrendered then it may cause difficulties trying to re-enter the USA, as the systems used to track ingoing and outgoing visitors may show that the holder has overstayed, although this may be rectified.
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 If the I-94 form is lost or stolen while the nonimmigrant is in the United States, a replacement form may be requested from USCIS.
While in the United States, nonimmigrant visitors (but not VWP visitors) may apply for a change of nonimmigrant visa status from one category to another or for an extension of the previous nonimmigrant status by filing form Form I-539 with USCIS. Upon approving such application, USCIS issues an approval notice, the bottom portion of which is a new Form I-94 for the nonimmigrant, reflecting that visitor's new or extended nonimmigrant visa status and also showing a new authorization period for that status.
External links
- 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 SecurityUnited States Department of Homeland SecurityThe United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
, Office of the Press Secretary, January 12, 2009 - "Travel: Arrival-Departure Record"
- "How to record departure from the United States after the fact"