I-94 Form

I-94 form comes from the Department of Homeland Security (DHS)

The Form I-94, Arrival/Departure Record, is a crucial document for foreign nationals entering the United States. It contains information about the individual’s entry and exit from the country, including the date of entry, visa classification, and authorized duration of stay.

The U.S. Customs and Border Protection (CBP) had implemented an electronic I-94 system.

The I-94 form is a serious document.
The Department of Homeland Security (DHS) controls the I94

Here are the key points regarding the regulations of I-94 entry and exit in the United States:

1. Electronic I-94 form:

The I-94 information is now mostly electronic, and travelers can access their I-94 records online.
The electronic I-94 form system is managed by the CBP.

2. Visa Categories and Duration of Stay:

The I-94 indicates the visa classification and the authorized duration of stay. It is essential to adhere to the terms specified on this stamp.

3. Visa Expiration vs. I-94 Expiration:

It’s important to distinguish between the expiration date on the visa and the expiration date on the I-94. The I-94 expiration date determines how long an individual is allowed to stay in the U.S., even if the visa itself is still valid.

4. Extension of Stay:

If an individual needs to stay beyond the expiration date on their I-94, they may need to file for an extension with U.S. Citizenship and Immigration Services (USCIS) before the I-94 expires.

An immigration lawyer can help you request a Form I-129 for an extension of stay Extension Of Stay or Application to Extend/Change Nonimmigrant Status (Form I-539). In addition, via Form I-539 you can submit a request for extension/modification of nonimmigrant status.

On the other hand, for students with an F visa who wish to extend their stay in the United States they are invited to update their SEVIS file and obtain a new I-20.

5. I94 for Nonimmigrants:

Nonimmigrants, such as tourists, students, and temporary workers, receive an I-94 upon entry, indicating the authorized period of stay.

6. I94 for Immigrants:

Immigrants, such as those with immigrant visas or adjustment of status applicants, receive their I-94 upon arrival as well.

7.Exit from the U.S.:

The electronic I-94 system also records the departure of an individual from the U.S. It’s essential to have an accurate record of departure to avoid any issues during future visits.

8. Record Retrieval:

Travelers can retrieve their I-94 records online from the CBP website using their passport information.

9. Changes in Regulations:

Immigration regulations are subject to change, so it’s crucial for travelers to stay informed about any updates or modifications to the entry and exit procedures, so be sure to check the official CBP or USCIS websites. Or consult with legal professionals for the most current information.

WARNING Violation of the I-94

If you exceed the I-94 exit date by more than 6 months, you will banned from the United States for 3 years. If the date is exceeded by more than 12 months, the Bar is for 10 years. Additionally, U.S. Customs and Border Protection destroys the validity of the visa because you have violated immigration law.

I-94 for Nonimmigrants: Nonimmigrants, such as tourists, students and temporary workers, and investors with an E2 visa receive an I-94 upon entry, indicating the authorized length of stay.

I-94 for Immigrants: Immigrants, such as those on immigrant visas or adjustment of status applicants, also receive their I-94 upon arrival.

Exit from the United States: The I-94 electronic system also records a person’s departure from the United States. It is important to have an accurate record of departure to avoid any problems during future visits.

Records Retrieval: Travelers can retrieve their I94 records online at the CBP website using their passport information.

What to do if you violate the I-94?

To regain a right of residence, you must obtain a new visa and then during the Visa interview try to obtain from the officer a “recommendation” for a 212(d)(3) or waiver of the ban of entry.

Consistent with 9 FAM 305.4-3(B), an INA § 212(d)(3) waiver may be recommended if and only if:

  • the applicant is not inadmissible under 214(b);
  • the applicant is not inadmissible under certain security grounds of inadmissibility enumerated at INA § 212(a)(3);
  • the applicant is not seeking a waiver of the documentary requirements of INA § 212(a)(7)(B); and
  • the applicant is otherwise qualified for the visa s/he is seeking.

Matter of Hranka

The case law Matter of Hranka, 16 I&N Dec. 491 (BIA 1978). Matter of Hranka identifies 3 factors to consider when requesting an exemption:

  1. risk of harm to society if the applicant is admitted;
  2. the seriousness of the applicant’s immigration or criminal law violation; and
  3. the nature of the applicant’s reasons for wishing to enter the United States. 9 FAM 305.4-3(C) specifies the factors to be considered in evaluating 212(d)(3) waiver requests.

    Specifically, this provision states that: “you should consider the following factors, among others, when deciding whether to recommend a waiver:
  • (1) The recency and seriousness of the activity or condition causing the applicant’s ineligibility;
  • (2) The reasons for the proposed travel to the U.S.;
  • (3) The positive or negative effect, if any, of the planned travel for U.S. public interests;
  • (4) Whether there is a single, isolated incident or a pattern of misconduct; and
  • (5) Evidence of reformation or rehabilitation.”

by Cyril Toullier Feb 2024

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