With the holiday season in full swing, many foreign nationals will take the opportunity to travel internationally. Whether you travel abroad frequently or just once in a while, don’t forget to check your I-94 every time you return to the US.
Where can you find your I-94?
Several years ago, U.S. Customs and Border Protection (“CBP”) transitioned to a largely electronic I-94 system. Too often, foreign nationals believe that I-94s aren’t issued anymore because they no longer have the little white cards stapled into their passports. But I-94s are still issued and can be retrieved online.
Why is your I-94 so important?
As we discussed in a prior post, your I-94 is the document that controls the period of time you are lawfully admitted to the US. But mistakes do happen. A lot. If the CBP officer that readmits you to the US incorrectly abbreviates your period of admission, that date still controls. If you don’t check your I-94 each time you reenter the US, you might believe you are authorized to stay in the US longer than you are, leading to an inadvertent overstay that could have consequences down the road.
How can an I-94 error be fixed?
Errors typically can be fixed if caught shortly after admission. In some instances, travel and readmission prior to an abbreviated I-94 expiration can resolve the issue. In other cases, it is necessary to work with CBP to get the I-94 corrected. It is important to note that CBP does not consider abbreviating an I-94 to your passport expiration an error and will not correct it.
So, after your suitcase is unpacked, be sure to check your I-94 and should the validity period or nonimmigrant status listed be anything other than what you expected, contact your immigration attorney immediately to discuss corrective action.
Frequently asked questions
What is the I-94 immigration form?
The I-94 is the official U.S. Department of Homeland Security (DHS) form that records the arrival and departure of non-U.S. citizens entering the United States. It shows your admission status, date of entry, and the “Admit Until Date,” which indicates how long you are legally allowed to stay in the U.S.
What is the I-94 Admit Until Date?
The Admit Until Date on your I-94 specifies the last day you are legally allowed to remain in the United States. It is not necessarily the same as your visa expiration date; it is determined by U.S. Customs and Border Protection (CBP) when you enter the country. Staying beyond this date without an approved extension can result in overstay penalties.
How do I find the expiration date of my I-94?
You can check your I-94 expiration date online by visiting the U.S. Customs and Border Protection (CBP) website and entering your personal information. The expiration date corresponds to the Admit Until Date listed on your electronic I-94 record.
What happens when my I-94 expires?
Once your I-94 expires, you are no longer legally authorized to remain in the U.S. If you wish to stay longer, you must file for an extension or change of status before the Admit Until Date. Overstaying can affect future visa applications and entry to the United States.