New Computer Generated I-94 Cards!
Posted Dec 17, 2004
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On December 9, 2004, a new component was added to US-VISIT, know as U.S. Arrival. US-Visit is the United States Visitor and Immigrant Status Indicator Technology used at the Ports of Entry by Customs and Border Patrol (CBP). A major change has taken place with respect to issuance of I-94 Arrival / Departure cards. The CBP officers will now fill in I-94 information and print out an I-94 card for arriving nonimmigrants. So the earlier format of an applicant completing his / her own I-94 card will be replaced by the computer-generated I-94s.
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How are the New I-94 Cards Different?
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The printed information on the new I-94 card will include the Family Name (Last Name), First (Given) Name, Country of Citizenship, Birth Date, and Status. The I-94 card will also have a status date stamp as before, but there will be two additional dates on the bottom of the I-94 card: the date the person last entered the U.S. through US-VISIT and the date after which the person will have to go through US-VISIT again.
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Are there any Registration Requirements for I-94s?
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Persons remaining in the U.S. do not have to go back to the Port of Entry and reregister. The I-94 card remains valid for the duration of status indicated on the card while the person remains in the United States. Persons who leave the U.S. before the date they would need to go through US-VISIT again, do not have to be reregistered through US-VISIT. Persons who leave and then reenter after the reregistration date, however, must reenter through US-VISIT to verify eligibility again, regardless of the expiration date of the status on the previously-granted I-94.
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Who is Not Subject to the New I-94s or US-VISIT?
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These types of I-94s are not issued to people entering under the Visa Waiver Program (VWP). VWP entrants will continue to fill out the I-94W. In addition, U.S. Citizens, U.S. legal permanent residents, and Canadians (except those entering in E or K status) are exempt from US-VISIT.
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Are Canadians Subject to the New I-94s?
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While exempt from US-VISIT, Canadians entering on H1B, L-1, TN, and other NIV (Nonimmigrant Visa) categories are not exempt from having their I-94s printed through U.S. Arrival. The CBP Officer will click a "US-VISIT exempt" button for Canadians, but otherwise complete the same information.
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The CBP has a dropdown list for occupations. Those entering the U.S. must give the correct occupation to the CBP officer. If the occupation is not listed on the dropdown, one must make sure that the occupation is corrected by hand before leaving the port of entry. A CBP supervisor may be requested if assistance is needed.
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What are the Additional Security Features?
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The CBP has optional queries for various security databases and to see if the person has ever been in secondary inspection. This database could include notes about the individual, such as "Seems agitated and nervous." There is also an address database to see if there is any negative information about the address that the person provides. Immigration and Customs Enforcement (ICE) will be working with US-VISIT to obtain reports of persons who overstay their statuses, in order to pursue those who pose a risk to the U.S.
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Conclusion
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While it always has been important to provide all appropriate information, with the new, computer-generated I-94 cards it is critical to be accurate with all data when entering through US-VISIT. Individuals should double-check their I-94 cards before leaving the port of entry. If mistakes are discovered on the I-94 later, one must go back to the port of entry as soon as possible to have corrections made. If one is uncertain as to whether there is incorrect information on an I-94 card, it is best to consult with a qualified and experienced immigration attorney.