Form I-94 Lawyers

Form I-94 has to do with United States immigration laws,

When a nonimmigrant foreigner (that is someone who is not a U.S. citizen or permanent resident) arrives at a U.S. port of entry, the arriving foreigner is screened by an officer from the office of Customs and Border Protection (CBP). The CBP officer reviews the traveler’s documentation and any other evidence supporting their desire to enter the U.S. If the BP officer is convinced that the foreigner can be admitted into the United States, the officer issues a Form I-94 to the foreigner.

Form I-94 is a record of a foreigner’s entry into the United States. It was initially a small paper card that was stapled to the passport of every foreign national who entered the United States, whether by land, air or sea. It is now created as an electronic document for those entering the U.S. by air or sea, but is still paper for those who enter the U.S. by land from Mexico or Canada.

In addition to being given to those who travel here, Form I-94 is also issued to persons who adjust their immigration status and to those who are extending their stay.

Form I-94 contains important information about the foreigner’s arrival and departure in the U.S.:

• The date the foreigner entered
• The date the foreigner must leave
• The type of visa the foreigner used to enter the U.S.
• The foreigner’s I-94 number

Although the I-94 form is now an electronic document, if the foreigner needs to prove their legal visitor status to employers, schools/universities or government agencies, they can access their I-94 arrival/departure record information online. If a traveler would like a paper Form I-94, the traveler can print their own I-94 form from the I-94 website using “Get Most Recent I-94” or by using the same option on the CBP One mobile application. A paper form can also be requested during the entry inspection process.

Are There Cases Where a Form I-94 is Not Issued?

Form I-94 is issued to people who are not United States citizens or permanent residents (i.e. to nonimmigrants). However, it is not issued in the following nonimmigrant cases:

• For people from Mexico with Border Crossing Cards (BCC), if they are entering by land and plan to travel only a few miles into the United States for a short period of time. A Border Crossing Card is an identity document used by Mexican citizens to visit the border areas of the United States when entering by land or sea directly from Mexico for up to 30 days.
• For people entering via the Visa Waiver Program (VWP). The Visa Waiver Program allows nationals of specific countries to travel to the U.S. for tourism, business, or while in transit for up to 90 days without having to obtain a visa.
• For people entering the United States from one of the countries in the Compact of Free Association (COFA). The COFA is an international agreement between the United States and three Pacific Island sovereign states: Federated States of Micronesia, Republic of the Marshall Islands), and the Republic of Palau. These people may be issued a Form I-94A rather than a standard Form I-94.
• For people re-entering the United States using automatic visa revalidation. In this case, the new entry is considered to have occurred using the I-94 issued at the previous entry, and a new Form I-94 is not issued.
• For crew members of air and sea vessels landing in the United States. These people are issued a Form I-95 instead.

What If My Immigration Status Has Changed? Do I Need a New Form I-94?

Nonimmigrant visitors oten desire to apply to change their nonimmigrant status to a different one. Or, they might want to apply for an extension of their current or previous nonimmigrant visa. Under these circumstances, they may need to obtain an updated Form I-94.

The new I-94 will usually be attached to their approval notice if they’re approved for the change in immigration status. The newer I-94 will reflect any changes such as adjustments or extensions to their visa status as well as any new limitations or authorizations.

What If I Didn’t Submit a Form I-94 When I Left?

If the foreigner was issued a paper Form I-94 when they entered the United States, failing to submit their form when they leave can result in difficulties if they are trying to re-enter the country in the future. This is because turning in a Form I-94 is the way that foreigners officially record their departure from the U.S. It is how they prove that they left the country when they were supposed to – that they didn’t overstay their visa.

Failing to submit the departure record form may cause the system to indicate that the person has overstayed their previous visa, since there is no evidence that they ever left.

This can be corrected if the person submits their I-94 Departure form to the proper department. This can sometimes be done through the mail, though there may be very specific procedures to follow, which may require the assistance of an attorney.

If a nonimmigrant foreigner overstayed their visa (didn’t leave by the date written on the Form I-94) they may be barred from entering the U.S. any time in the future. However, delays caused by circumstances not under the control of the traveler may be a legitimate excuse for failing to submit an I-94 on time. These can include canceled or delayed flights or medical emergencies. The person will need to submit proof of such circumstances when submitting their I-94.

If the foreigner left appropriately but their I-94 form (paper or electronic) did not get processed when they left and so it appears that they didn’t in fact leave, to validate that they left when they were supposed to they may present to CBP several possible pieces of information, such as:

• Photocopies of entry/exit stamps in the person’s passport, showing the date of when they left the U.S. or entered into their home country
• Boarding passes (originals are preferred)
• Other supporting documents, such as:
  • Dated wage slips or pay stubs to prove that they began working in their home country after departure from the U.S.
  • Bank records indicating dates of transactions performed in the person’s home country
  • School attendance records verifying the person’s presence in a school at their home country
  • Credit card receipts indicating the date and location of purchases made at home

Presenting such evidence will require some knowledge of both international and U.S. immigration laws and policies. You may wish to seek the assistance of an attorney if you need help verifying your departure date from the U.S. This will help you to avoid re-entry issues if you wish to travel to the U.S. in the future.

Do I Need a Lawyer for Help with Form I-94?

Form I-94 is one of the most important documents for non-citizens traveling to the U.S. for a temporary visit. If you have any questions or need assistance with Form I-94, you may wish to hire an immigration attorney.

An experienced lawyer can help advise you on immigration laws, and can assist you in filing and submitting your I-94. Also, if you’ve come under investigation for an I-94, or are being required to submit additional information, an attorney can provide you with additional guidance and representation on such matters.