One who has traveled to the United States, as a visitor is familiar with the “white” card. This is the Form I-94 submitted upon entry to the United States. What actually is the importance of this card to a traveler? And what major changes is the Department of Homeland Security implementing with regards to the use of this card?
Maria applied for a visitor visa at the US Embassy in Manila. She was issued only a one-year visa to enter the United States. Last year, Maria left for the United States to visit her relatives. She filled up a white form I-94, which was provided by the airline crew on board the plane. At the port of entry in Los Angeles, she presented her passport with her visa together with the I-94. The Customs and Border Protection inspector stamped on her I-94 the date of her arrival and a handwritten date indicating her authorized stay of six months.
While in the United States, a friend of Maria encouraged her to stay longer and work as a caregiver. After working without the proper documents for 11 months, Maria decided to return to the Philippines.
One month later, Maria decided to renew her visitor visa with the US Embassy. When she applied for her visa and she was told that she overstayed as a B1 visa holder and a new visa my not be issued to her. Maria argued erroneously that she did not overstay because her visa had”one year” validity. Unknown to Maria, the I-94 card that was on her passport is the document that indicated her allowable period of stay and not her visa. What can Maria do to obtain her renewal? What is the difference between the I-94 card and her visa?
Importance of the I-94
For people entering the United States as non-immigrants, such as B-2 tourists or H-1B workers, Form I-94 is a key immigration document. This is because Form I-94, which is the arrival/departure record issued by the US Customs and Border Protection (“CBP”) upon entering the United States, dictates how long a person can legally stay in the United States. As such, it is very important to track the expiration date listed on Form I-94 because the failure to depart the United States prior to the expiration date or the failure to extend one’s status prior to the expiration date can have severe immigration consequences.
Just like Maria, many people confuse the expiration date on the visa stamp in their passports with the expiration date on Form I-94. It is Form I-94, which controls how long you can stay in the United States. The visa stamp in your passport is your entry document that permits you to request admission into the United States, or to “knock on the door” as some say. Once CBP grants your admission and lets you enter the door, you will be issued a Form I-94, which tells you how long you are permitted to remain in the United States. For example, if you are issued a 10-year multiple entry B-2 tourist visa from a US Embassy and you travel to the United States, you will only be allowed to stay for the period dictated by Form I-94 such as 6 months, even though your visa stamp is valid for ten years.
Overstaying the period allowed to remain in the United States can result in harsh penalties. Once Form I-94 expires, you are out of status and accruing unlawful presence in the United States, and you will not be able to extend or change your nonimmigrant status. If you accrue 180 days or more of unlawful presence, you will be barred from reentering the United States for three years. If you accrue more than one year of unlawful presence, you will be barred for ten years. In addition, while overstaying and being out of status for a period less than 180 days will not subject you to any bars, it may make it very difficult to obtain another visa to enter the United States. In the case of Maria, she is barred for three years for overstaying for more than 180 days but less than one year. She may want to try to apply for the visitor’s visa again in 3 years.
Discarding the I-94 White Card
Beginning April 30, 2013, CBP will begin implementing automated Form I-94s to increase efficiency and streamline the admissions process into the United States. The Form I-94 automation will be phased-in through April and May. With the new I-94 automation, travelers will no longer receive the paper Form I-94. Instead, travelers will receive a stamp in their passport containing the date of admission, class of admission or visa type, and admitted until date. The Form I-94 will then be created in an electronic format by scanning the traveler’s passport or travel document. The automated Form I-94 will only be issued to air and sea arrivals. People entering at land border ports of entry such as from Canada and Mexico will continue to receive the paper version of Form I-94. After entry, travelers who arrive by air or sea can obtain a print out of their Form I-94 by going to the CBP website at www.cbp.gov/I94.
For individuals who will be extending or changing their nonimmigrant status or who will be adjusting their status to lawful permanent residents, they will need to submit the print out of the electronic Form I-94 to USCIS. Upon departing the United States by air or sea, travelers will no longer need to surrender their Form I-94. CBP will record an individual’s departure using manifest information from the air or sea carrier.
Considering the changes to be made and the importance of the I-94, it is highly recommended that each person admitted into the United States keep track of their authorized stay. For safety and as reminder of their authorized stay or at least until one gets use to the automated I-94, traveling non-immigrants may want to consider printing and maintaining a copy of their electronic Form I-94.
(Atty. Lourdes Tancinco may be reached at law@tancinco.com or at 02 887 7177 or 721 1963 or visit her website at tancinco.weareph.com/old)
