United States: I-94 form; circumstances in which a person would obtain an I-94 record dated other than the date upon which s/he entered the United States
| Publisher | Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 22 September 2006 |
| Citation / Document Symbol | USA101610.E |
| Reference | 5 |
| Cite as | Immigration and Refugee Board of Canada, United States: I-94 form; circumstances in which a person would obtain an I-94 record dated other than the date upon which s/he entered the United States, 22 September 2006, USA101610.E, available at: http://www.refworld.org/docid/45f147be20.html [accessed 19 May 2013] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The Web site of United States (US) Customs and Border Protection (CBP) states that non-immigrant visitors who enter the US with a visa are required to complete an I-94 form "upon arrival in the United States" (US 4 Nov. 2005). This information was corroborated by a consular official from the US Embassy in Ottawa, who added that he was "not aware of any other circumstance where an I-94 [form] would be issued" (ibid. 20 Sept. 2006). According to the CBP,
[t]he 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 (ibid. 26 July 2004).
After completing an inspection and asking questions concerning the nature of the traveller's visit to the US, the CBP Officer affixes the I-94 Form to the traveller's passport (ibid.). Travellers who obtain an I-94 form upon arrival are required to return this form to authorities upon departure from the US to prove that they did not overstay their visit (ibid.).
In a 22 September 2006 telephone interview with the Research Directorate, a deputy chief officer from CBP at John F. Kennedy International Airport corroborated the fact that the I-94 form always bears the last date of entry into the US (ibid. 22 Sept. 2006).
If a visitor would like to correct an error on an I-94 Form, such as an incorrect period of admission, the CBP will review the case and make any necessary changes (ibid. 26 July 2004). The visitor does not have to bring the form to the same office that issued the erroneous I-94 form, but s/he can go to any inspection location or CBP office, for instance, in an international airport (ibid.). The visitor must bring the I-94 form and documentation to prove that there is an error that must be corrected (ibid.).
In 20 September 2006 correspondence sent to the Research Directorate, the Consular Official from the US Embassy in Ottawa noted that replacements for lost I-94 forms reflect the date of initial entry to the US (ibid. 20 Sept. 2006). The Consular Official further noted that an extension for a period of stay may be recorded on an I-94 form without the holder having to exit and re-enter the US (ibid.).
A copy of an I-94 form can be found on the Web site of the CBP (ibid. 4 Nov. 2005).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection.
References
United States (US). 22 September 2006. Customs and Border Protection (CBP). Telephone interview with a deputy chief officer at John F. Kennedy International Airport, New York.
_____. 20 September 2006. Embassy of the United States of America in Ottawa. Correspondence sent by a consular official.
_____. 4 November 2005. Customs and Border Protection (CBP). "Filling Out Form I-94."
_____. 26 July 2004. U.S. Customs and Border Protection (CBP). "FAQs on the Arrival-Departure Record (I-94 Form) & Crewman Landing Permit (I-95 Form)."
