The Form I-94 Arrival/Departure Record is an essential document for non-immigrants traveling to the United States. It serves as official proof of lawful entry, records the period of authorized stay, and is often required for employment, obtaining a driver’s license, and other legal purposes.
Understanding how to properly complete and use Form I-94 can help travelers avoid legal issues related to their immigration status. This guide provides a detailed overview of the form, its purpose, how to complete it, and how to handle common challenges related to its use.
1. What is Form I-94?
Form I-94 is an official arrival and departure record issued by U.S. Customs and Border Protection (CBP) to foreign nationals entering the United States. It documents a traveler’s:
- Date of arrival in the U.S.
- Class of admission (visa type) (e.g., B-2 for tourists, F-1 for students, H-1B for workers).
- Authorized period of stay (indicating when the traveler must leave).
Since April 30, 2013, Form I-94 has been digitized for most travelers arriving by air or sea, meaning CBP no longer issues paper forms. However, land border entries often still require a physical I-94 form.
2. Who Needs a Form I-94?
A. Individuals Who Must Complete Form I-94
- Non-immigrant visa holders (tourists, students, workers).
- Foreign visitors entering via land border crossings (Canada or Mexico).
- Travelers applying for immigration benefits within the U.S.
B. Who Doesn’t Need Form I-94?
- U.S. citizens and permanent residents (Green Card holders).
- Visa Waiver Program (VWP) travelers who receive an electronic ESTA authorization.
- Certain Canadian citizens traveling for business or tourism without requiring a visa.
3. How to Obtain and Complete Form I-94
A. For Air and Sea Travelers (Electronic I-94)
- Upon arrival, CBP officers automatically create an electronic I-94.
- Travelers can access it online at https://i94.cbp.dhs.gov.
- No paper form is issued, but travelers should print a copy for records.
B. For Land Border Entries (Paper I-94)
- Travelers entering from Canada or Mexico may receive a physical I-94 form.
- They must fill out the form manually and submit it to a CBP officer.
- A small processing fee may apply.
C. Information Required to Complete Form I-94
Whether electronic or paper, travelers must provide:
- Full name (as it appears on passport).
- Date of birth.
- Country of citizenship.
- Passport number and expiration date.
- Visa category (e.g., B-2, F-1, H-1B).
- Intended U.S. address (if applicable).
- U.S. entry port and date of arrival.
For paper forms, travelers must also sign the document before submitting it.
4. Understanding the Information on Form I-94
A. Admission Number
Each traveler receives a unique admission number that is used for tracking purposes.
B. Class of Admission
This refers to the visa category (e.g., B-1 for business visitors, J-1 for exchange visitors).
C. “Admit Until” Date
The most critical part of Form I-94 is the “Admit Until” date, which specifies how long a traveler can legally remain in the U.S.
- Travelers must depart on or before this date to avoid overstaying.
- Some visa categories (e.g., F-1 students) may see D/S (Duration of Status) instead of a specific date, meaning they can stay as long as they comply with their visa conditions.
5. Checking and Correcting Errors on Form I-94
Mistakes on Form I-94 can lead to immigration status issues. Common errors include:
- Incorrect name or passport details.
- Wrong visa classification.
- Errors in admission period (wrong expiration date).
A. How to Check Your I-94 for Errors
- Visit the I-94 official website to view your electronic I-94.
- Compare the details with your passport and visa.
B. How to Fix Mistakes
- If the error happened at the airport, visit the CBP Deferred Inspection Office (located at most international airports).
- If issued at a land border, contact the nearest CBP office.
- If the error is discovered later, file Form I-102 (Application for Replacement/Correction of I-94) with U.S. Citizenship and Immigration Services (USCIS).
6. Using Form I-94 for Immigration and Legal Purposes
A. Proof of Legal Entry
Form I-94 is required for:
- Applying for a driver’s license or Social Security Number.
- Changing or extending visa status.
- Employment authorization (for work visa holders).
B. How to Extend Your Stay
- File Form I-539 (Application to Extend/Change Nonimmigrant Status) before your “Admit Until” date expires.
- Failure to file an extension may lead to overstay penalties.
7. Departure and Returning I-94 Upon Leaving the U.S.
A. What Happens to the Electronic I-94?
- If you depart by air or sea, CBP automatically records your exit.
- You do not need to take any action unless requested.
B. What to Do with a Paper I-94?
- For land border exits, travelers must return the physical I-94 form to CBP when leaving.
- Failure to return it may cause future entry issues, as CBP may assume the traveler overstayed.
C. How to Prove Departure if I-94 Was Not Returned
If a traveler forgets to return their paper I-94, they can:
- Provide evidence of their departure (e.g., airline ticket stubs, exit stamps).
- Mail the I-94 to the DHS CBP office along with proof of exit.
8. Common Issues and How to Resolve Them
A. Overstaying I-94 Validity
- Overstaying leads to visa cancellation, reentry bans, or denial of future visas.
- If an overstay occurs, consult an immigration attorney for options.
B. Lost or Misplaced I-94
- If electronic, visit CBP’s online portal to retrieve a copy.
- If paper, file Form I-102 for a replacement.
C. Entering the U.S. with a New Visa
- When obtaining a new visa, travelers must ensure they receive a new I-94 upon entry.
9. Final Tips for Travelers
- Always check your I-94 details immediately after arrival to correct errors.
- Keep a printed copy of your I-94 record for visa renewals, job applications, and travel.
- Understand the difference between your visa validity and I-94 expiration—the I-94 governs how long you can stay.
- If leaving by land, return your paper I-94 to avoid entry complications in the future.
10. Conclusion
Form I-94 is a crucial immigration document for foreign nationals visiting the U.S. It determines how long a person can stay and is used in various immigration processes. By understanding how to complete, retrieve, and correct Form I-94, travelers can ensure they remain compliant with U.S. immigration laws and avoid unnecessary complications during their stay.
