CBP on I-94 Cards Not Turned in at Departure
Posted Nov 25, 2005
 ©MurthyDotCom
The website for the U.S. Customs and Border Protection (CBP) has FAQs that address some questions pertinent to many MurthyDotCom and MurthyBulletin readers. One of the CBP's FAQs is a question that we receive frequently at The Law Office of Sheela Murthy. This question is, "What should I do if I did not turn in my I-94 (Arrival / Departure Record) when I left the U.S.?" In the past, this was not of great concern, because the tracking of these documents was less efficient. Of late, however, particularly in situations where the departure date establishes that the individual remained lawfully in the U.S., failure to remit the document can be problematic.
 ©MurthyDotCom
Which I-94 Card Should I Hand Over to the Airline Agent?
 ©MurthyDotCom
An occurrence we see frequently is one where the individual entered the U.S. as a visitor and extends that stay. Instead of handing over the latest I-94 card upon departing the U.S., the individual either does not turn in any I-94 or the person turns in the initial, expired I-94. It is the latest original I-94 card approved by the USCIS showing that the individual was allowed to remain legally in the U.S. based on an approved extension that should be surrendered upon departure. Failure to properly return the I-94 card can create significant problems for return travel to the U.S., including a denial of entry for violation of prior status.
 ©MurthyDotCom
Where and What Should I Send with the Latest I-94 Card?
 ©MurthyDotCom
The CBP's advice on this topic, essentially, is that the original I-94 should be sent to:

ACS, Inc.
1084 South Laurel Road
London, Kentucky  40744

This must be transmitted with proof of departure. Suggested proof includes the arrival stamp in one's passport and the boarding pass from the flight. Of course, it is vital to keep copies of any documents submitted. The CBP warns that, without proof of the departure, there is no guarantee that the information will be entered into their system. This is logical, since otherwise, people could send the documentation and claim departure when none occurred or claim departure on a different date.
 ©MurthyDotCom
Other Valuable Information
 ©MurthyDotCom
The CBP advises that such individuals should have the copies of the documents with them during any future travel. They also provide a way for persons who turn in their I-94s late to confirm that the departure information was properly entered into the system. This service is only available for individuals who were late turning in their I-94 cards.
 ©MurthyDotCom
Conclusion
 ©MurthyDotCom
We thank the CBP for this helpful information and remind MurthyDotCom and MurthyBulletin readers to turn in their latest I-94s when they depart the United States. It is also important at the time of any future entries to the U.S. to retain copies of approval notices and new I-94s extending and changing one's immigration status. These documents can be important for future travel, visa applications, and other immigration applications.