Mark A Ivener, A Law Corporation

Automated version of Form I-94, Arrival/Departure Record

As of May 21, 2013 , U.S. Customs and Border Protection (CBP) has implemented the automated version of Form I-94, Arrival/Departure Record. Under the new system foreign travelers entering the United States at air or sea ports of entry are not given a paper I-94 but rather it is created electronically by CBP. The foreign travelers are then able to access their electronic Form I-94.

Under the new system a foreign traveler entering the US should receive a tear sheet with instructions on how to look up their electronic Form I-94 on CBP’s website. From this website, they can print out their Form I-94 in paper format. While the new system is automated, all nonimmigrant visa holders should print out a copy of the I-94 record every time they travel as the I-94 record is required for completion of Form I-9, in order to apply for a Social Security Card and/or Drivers License, and when requesting certain USCIS benefits.

We are therefore advising our clients to print and maintain an I-94 every time they travel and enter with the automated process. It is important to confirm the date on the I-94 record and ensure that the I-94 is correct. The validity date on I-94 record is the date of authorized stay and if not checked could result in an accidental overstay potentially resulting in the inability to return to the US for a period of 3 to 10 years depending on the circumstances.