An “Arrival-Departure Record,” known as Form I-94, is a type of immigration document used by the Customs and Border Protection agency (CBP). It is a record of a visitor’s arrival and departure to and from the United States. The upper portion of the document pertains to arrivals, while the bottom portion deals with departures.
The I-94 form 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.
Although the I-94 form is now an electronic document, if you need to prove your legal visitor status to employers, schools/universities or government agencies, you can access your I-94 Arrival/Departure record online. If you would like a paper Form I-94, you can print your I-94 form from the I-94 website. A paper form can also be requested at the time of entry into the United States.
To complete the upper portion of the Arrival-Departure Record, you will need to supply the following information:
First and last name
- Gender
- Date of birth
- Country of citizenship
- Country of birth
- Country of residence
- Country of passport and passport number
- Airline and flight information (if applicable)
- City where you boarded a plane or entered the U.S.
- Date and city where the I-94 form was issued
- Address where you will be staying while in the U.S.
Are There Cases Where a Form I-94 is Not Issued?
Form I-94 is issued to people who are not U.S. citizens or permanent residents (i.e. to nonimmigrants).
However, it is not issued in the following cases, among others:
- For people from Mexico who have Border Crossing Cards (BCC), if they enter by land and plan to travel only a short distance into the United States for a brief period of time.
- For people entering via the Visa Waiver Program (VWP). The Visa Waiver Program allows citizens of specific countries to travel to the U.S. for tourism or business 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 the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands.
- For crew members of airplanes and ships landing in the United States. These people are issued a Form I-95 instead.
What Do I Do With My Arrival/Departure Record?
Once you have successfully passed through the various inspections and processing at the entry point, you will have your Form I-94 inspected. If it is satisfactory, the CBP officer will stamp the Arrival/Departure record to indicate the date, time, and location of your arrival and entry into the United States. Immigration authorities will then detach the upper portion of the form and keep it for their records.
You will retain the lower departure part of the Form I-94. You should keep this portion of the Arrival/Departure record at all times until you finally depart from the United States. You should be careful to keep track of your departure record during your stay in the U.S. This will help make your travels easier, and will also reflect well on your record in case you wish to return to the U.S. in the future. Once you are set for departure, you will present this portion of the form to CBP officials.
What if I Have Any Questions or Inconsistencies With My I-94 Form?
It’s important to fill out the Form I-94 Arrival-Departure record carefully, in a manner that is truthful and accurate. Any inconsistencies in the form can lead to an investigation by immigration authorities to determine whether there is any proof of intent to commit immigration fraud. Immigration violations can often result in serious measures such as removal from the U.S.
A common issue with Arrival/Departure records is when a visitor enters the U.S., and then leaves the country for a short while with the intent to return. Special care needs to be taken in these cases to make sure that the person’s overall visa stay time clock is properly calculated. One good option is to apply for a re-entry permit before leaving the country.
What If I Didn’t Submit My I-94 Form When I Left?
If you were issued a paper Form I-94 when you entered the United States and did not turn it in when you left the country, you will face difficulties if you try to re-enter the U.S. in the future. This is because turning in your Form I-94 is the way that you officially record your departure from the U.S. It is how you prove that you left the country when you were supposed to – that you didn’t overstay your visa.
If you don’t turn in your I-94 card, the immigration authorities have no record that you ever left. They will assume that you never did leave, and that you disobeyed the rules of your visa.
If you still have your I-94 card in your possession, this can be corrected by submitting the I-94 card to the immigration authorities. This can sometimes be done through the mail, though there are very specific procedures to follow, which may require the assistance of an attorney.
If it appears that you overstayed your visa (didn’t leave by the date written on the Form I-94), you may be barred from entering the U.S. any time in the future. However, delays caused by circumstances not under your control may be a legitimate excuse for failing to submit an I-94 on time. This may be a canceled or delayed flight or a medical emergency. You will need to submit proof of such circumstances when you submit your I-94 card.
Suppose you left appropriately but your I-94 form (paper or electronic) did not get processed when you left and so it appears that you didn’t in fact leave. In this case, to prove that you left when you were supposed to you may present to CBP several possible pieces of information, such as:
- Photocopies of entry/exit stamps in your passport, showing the date of when you left the U.S. or entered into your home country
- Boarding passes (originals are preferred)
- Other supporting documents, such as:
- Dated pay stubs to prove that you began working in your home country by the date you were supposed to leave the U.S.
- Bank records indicating transactions performed in your home country at the time you were supposed to be back home
- School attendance records verifying your presence in a school at home
- Credit card receipts indicating the date and location of purchases made at home
Submitting this type of evidence will require knowledge of both international and U.S. immigration law. You may wish to seek the assistance of an attorney if you need help proving your departure date from the U.S.
Do I Need a Lawyer to Handle I-94 Issues?
An experienced lawyer can help advise you on immigration law, and can assist you in filing and submitting your I-94 card if that is necessary. Also, if you’ve come under investigation for an I-94 complication or violation, or are required to submit any additional information, an attorney can provide you with guidance and representation.
The arrival-departure record is one of the most important documents for visitors to the United States. If you have any questions or concerns involving immigration laws and policies, you should speak with an immigration lawyer immediately.
It’s important that you don’t delay if you need to hire an immigration attorney, as any delays could affect your ability to stay in the U.S.
