Replacing the white I-94 card

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 a one-year visa to enter the US. Last year, Maria left for the US to visit her relatives. She filled out the 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 US, 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 she was told that records showed she had overstayed her previous B1 visa and a new visa would not be issued to her. Maria argued erroneously that she did not overstay because her visa had a “one year” validity. Unknown to Maria, the I-94 card that was on her passport was 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 US as nonimmigrants, Form I-94 is a key immigration document. This is because Form I-94, which is the arrival and departure record issued by the US Customs and Border Protection (CBP) dictates how long a person can legally stay in the US. Failure to depart the US prior to the expiration date or the failure to extend one’s status prior to that 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 US. For example, if you are issued a 10-year multiple entry B-2 tourist visa from a US Embassy and you travel to the US, 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 10 years.

Once Form I-94 expires, you are out of status and accruing unlawful presence in the US, 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 US  for three years. If you accrue more than one year of unlawful presence, you will be barred for 10 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 US. 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 white card

Beginning April 30, CBP will begin implementing automated Form I-94s to increase efficiency and streamline the admissions process into the US. The Form I-94 automation will be phased-in through April and May. Travelers will no longer receive the paper form. Instead, they will receive a stamp in their passports containing the date of admission, class of admission or visa type, and date of admission. A copy of the Form I-94 will then be created in 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 US 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 US keep track of their authorized stay. For safety and as a reminder of their authorized stay or at least until one gets use to the automated I-94, traveling nonimmigrants may want to consider printing and maintaining a copy of their electronic Form I-94.

(Atty. Lourdes Tancinco may be reached at [email protected] or at (02)8877177 or 7211963 or visit her website at www.tancinco.com)