FAQs on the Arrival-Departure Record (I-94 Form) & Crewman

By Tyler Holmes,2014-02-07 16:48
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FAQs on the Arrival-Departure Record (I-94 Form) & Crewmanon,Form,I94,the,FAQs,&,form

FAQs on the Arrival-Departure Record (I-94 Form) &

    Crewman Landing Permit (I-95 Form)



    What is an Arrival-Departure Document and why Do I Need One?

    A: The Arrival-Departure Record (Form I-94) or the Crewman Landing Permit (Form I-95) shows

    the date you arrived in the United States and the “Admitted Until” date, the date when your authorized period of stay expires. You will receive a blank I-94 or I-95 Form from a CBP

    Officer upon arrival in the United States. This will be at a U.S. port-of-entry at a land border,

    airport or seaport.

    You will be asked to complete the form prior to inspection. Review the form for accuracy and

    legibility before presenting it to the border inspector.

    During the inspection, the CBP Officer may ask you questions about the purpose of your trip, how long you will be in the United States, and your residence abroad. Upon completion of the

    inspection, the CBP Officer will affix the I-94 or I-95 Form to your passport. If you are not

    required to present a passport, the form will be handed to you.

    Prior to departing the area, review the class of admission and period of admission recorded on

    the admission stamp. The information transcribed on the I-94 Form at the port-of-entry is the

    basis for all further immigration-related activity in which you may engage while in the United States. Benefit agencies, specifically the Social Security Administration, make decisions

    based the hand-written endorsement recorded on the Form I-94.

    When you leave the country, you should give the I-94 or I-95 Form to your airline or ship

    representative. If you are departing over a land border, give it to a Canadian or Mexican

    immigration inspector. The I-94 or I-95 Form that has been approved by a CBP Officer proves that you arrived in the country legally and that you have not stayed beyond the period of your authorized stay.

    Be sure to turn in the I-94 or I-95 Form to the proper authorities on departure. This returned portion of the form proves you did not violate U.S. laws by staying in the country too long. It is proof that you obeyed U.S. immigration laws, which is essential if you want to return to the

    United States at a future date as an immigrant or nonimmigrant.

    Canadians who travel to the United States as a tourist or on business generally do not need the I-94 Form. Also, certain Mexicans who have a nonresident alien Mexican Border Crossing

    Card, commonly known as a laser visa or a multiple entry non-immigrant visa, may not require

    the I-94 Form.

    Please refer to the Code of Federal Regulations at 8CFR235 for more specific eligibility information.

    You will need to replace your portion of the I-94 or I-95 Form, if it is lost, stolen or mutilated. If you are applying for an extension of stay or change of status, you will need to be issued an I-

    94 or I-95 Form, if you were not issued one of these documents when you first entered the country. See the U.S. Citizenship and Immigration Services (USCIS) Website for information on how to file for a replacement Form I-94 or I-95.

Q: What Does the Law Say?

    A: The Immigration and Nationality Act (INA) governs the admission of all people to the United States. For the part of the law concerning the admissions to the United States, please see INA ? 214. The applicable regulations are found in the Code of Federal Regulations (CFR) at 8 CFR ? 231, 8 CFR ? 235, and 8 CFR 264.

    Q: How do I apply for a Replacement Nonimmigrant Arrival-Departure Travel

    Document if the original was lost, stolen or is mutilated?

    A: If you are applying to replace a lost, stolen or mutilated Arrival-Departure Record ( I-94 Form)

    or Crewman's Landing Permit (I-95 Form), you must file an Application for Replacement/Initial

    Nonimmigrant Arrival - Departure Document (I-102 Form) with the USCIS office having

    jurisdiction over where you are temporarily located.

    If the I-94 or I-95 Form was lost or stolen, submit a copy of the original I-94 Form. If you do not

    have a copy of your original Form I-94, please submit a copy of the biographic/photo page

    from your passport and a copy of the passport page that was stamped by a border inspector when you entered the country. If you cannot submit any evidence of your legal admission to

    the United States, please submit a full explanation and proof of your identity ( Filing Fees ) ( INS

    Fee Waiver Request Procedures ) ( USCIS Fee Waiver Policy Memo )

    Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission

    classification, biographical information or period of admission?

    A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United

    States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.

    Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to

    contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.

    Currently, there is not an approved form to request the correction of inaccurate information recorded on the I-94 or I-95 Form at the time of entry into the United States. You will need to bring the questionable I-94 or I-95 Form and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect

    visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.

    The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the I-94 or

    I-95 Form that has been lost, stolen or mutilated must be filed with USCIS.

    Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the I-94 Form will not be corrected. Under these circumstances,

    you will be required to file an I-539 Form with USCIS. . ( USCIS Field Offices )

    Q: How do I apply to extend the period of time that I am allowed to stay in the United States or change my current visa classification in the United States?

    A: If you wish to extend your authorized period of stay in the United States or change your

nonimmigrant status (visa classification), you will need to file an Application to Extend

    /Change Nonimmigrant Status (I-539 Form) with USCIS. You will be asked to submit your original I-94 Form upon filing the application.

    If you were not given an I-94 Form when you were legally admitted to the United States, please file an I-102 Form. You will need to provide USCIS proof that you were legally admitted to the United States. You should file the I-102 Form at the same time you apply to extend your stay in the United States or change your immigrant status.

    Forms are available by calling 1-800-870-3676.

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