An I-94 is a form (white color) denoting the Arrival-Departure Record of particular foreigners used by the U.S. Citizenship and Immigration Services. Form I-94 must be filled out at the time of entry to the United States by the foreign citizens that are being admitted to the U.S. in some non-immigrant visa status. Citizens of the countries on the U.S. Visa Waiver Program (VWP) list, who are entering the United States for a short stay and who are not U.S. citizens or Permanent U.S. Residents, must fill out form I-94W (green color) instead.
A completed form I-94 (or I-94W) is presented by the foreign citizen at the port of entry to the United Stated to a U.S. immigration officer, who stamps the form and gives the final approval for the admission of the foreign citizen to the United States in a specific non-immigrant status for a specific authorized period. Contrary to a popular misconception, it is not the U.S. visa stamp, but rather the stampted form I-94, that authorizes the alien's stay in the United States in a particular non-immigrant status and for a particular period of time.
As a general rule, aliens departing the United States are require to surrender (typically to the airline or ship representative) their I-94 (or I-94W) forms when leaving the United States, so that their departure can be properly recorded by the immigration authorities.
If I-94 form is lost or stolen while the alien is in the U.S., a replacement form may be requested from USCIS.
While in the U.S., a nonimmigrant alien can 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 I-94 form for the alien, reflecting that alien's new or extended nonimmigrant visa status and also showing a new authorization period for that status.
Instrukce
or nonimmigrant visitors entering the United States with a visa, there is a requirement to fill a CBP Form I-94 (white form). This form has two specific perforated sections to it. The visitor or the carrier representative must complete both sections of CBP Form I-94 upon arrival in the United States. The bottom section of CBP Form I-94 is a departure record and must be returned to U.S. officials upon exiting the United States.
The information requested on the CBP Form I-94, Arrival Record, upper portion, includes:
- Family Name
- First Name
- Date of Birth
- Country of Citizenship
- Sex (Male or Female)
- Passport Number
- Airline and Flight Number (if applicable)
- Country Where You Live – Lawful Permanent Residence
- City Where You Boarded (if applicable)
- City Where Visa was Issued (if applicable)
- Date Issued (Day/Mo/Yr) (if applicable)
- Address While in the United States (Number and Street)
- City and State
The information requested on the CBP Form I-94, Departure Record, lower portion, includes:
- Family Name
- First Name
- Date of Birth
- Country of Citizenship
After the successful completion of processing the applicant, a CBP officer stamps the applicant’s CBP Form I-94, Arrival and Departure Records, and the passport. The CBP Declaration, used at air and sea ports of entry, may also be stamped by the CBP officer. The CBP officer retains the arrival portion of the CBP Form I-94 and returns the departure portion of the CBP Form I-94 and passport to the applicant.
The departure portion of CBP Form I-94 and passport is to be in the applicant’s possession at all times until the applicant departs the United States. If an applicant boards a commercial conveyance to depart the United States, the transportation carriers are:
- To remove the departure portion of the CBP Form I-94 from the applicant’s passport.
- Annotate the reverse of the departure portion of the CBP Form I-94 with the facts of the applicant’s departure from the United States.
- Return the departure portion of the CBP Form I-94 to the nearest CBP office.
It is the applicant’s responsibility to make sure the transportation carriers collect the applicant’s departure portion of the CBP Form I-94. If an applicant departs the United States by way of land through Canada or Mexico, it is the applicant’s responsibility to return the departure portion of the CBP Form I-94 to Canadian or Mexican Immigration Officer upon departing the United States, unless it is retained for automatic revalidation upon re-entry to the United States within 30 days of departure to contiguous territory for all nonimmigrants (or additionally, adjacent islands for F, J, and M nonimmigrants) (see 8 CFR 214.1 and 22 CFR 41.112 for complete information on automatic revalidation).
Problémy
I did not turn in my I-94 when I left the U.S., what should I do?
If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.
If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.
To validate departure, CBP will consider a variety of information, including but not limited to:
- Original boarding passes you used to depart the United States;
- Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
- Photocopies of other supporting evidence, such as:
- Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
- Dated bank records showing transactions to indicate you were in another country after you left the United States,
- School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
- Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
