|  |  | FAQs on the Arrival-Departure Record (I-94 Form) & Crewman Landing Permit (I-95 Form)
(12/31/2008)
| Q: | What is an Arrival-Departure Record and why do I need one? |
| A: | The Arrival-Departure Record (CBP Form I-94) or the Crewman Landing Permit (CBP 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, and class of admission. If arriving by air or sea, the transportation line will provide all non-immigrants a CBP Form I-94 (for all non-immigrants except crewmen) or CBP Form I-95 (for crewmen) if you have a non-immigrant visa in your passport. Visa Waiver Program (VWP) applicants will have to complete an Arrival-Departure Record, CBP Form I-94W (see Form I-94W section on cbp.gov). If coming to the U.S. by land, you will receive a blank CBP Form I-94, I-94W, or I-95 from a CBP officer upon arrival at the U.S. port of entry. These forms will be processed at a U.S. port of entry at a land border, airport or seaport. For preclearance or preinspection ports of entry, these forms are available upon entering the CBP primary passenger processing area.You will be asked to complete the form prior to inspection. Review the form for accuracy and legibility before presenting it to the CBP officer.During CBP processing, the CBP officer may ask you questions about the purpose of your trip, how long you will be in the United States, and your residence abroad. Upon completion of the CBP processing and stamping of your CBP Form I-94 or I-95, the CBP officer will affix the CBP Form I-94 or I-95 Form to your passport. If you are not required to present a passport, the form will be handed to you.Prior to departing the CBP primary passenger processing area, review the class of admission and period of admission recorded on the admission stamp. The information transcribed on the CBP Form I-94 at the port of entry is the basis for all further immigration-related activity in which you may engage while in the United States. Benefit agencies, specifically the Social Security Administration, make decisions based on the hand-written endorsement recorded on the CBP Form I-94.It is your responsibility to ensure that your I-94/I-94W is turned in to Customs and Border Protection (CBP) at the end of your visit to the United States.- If you are departing by air, please turn the I-94/I-94W into the airline prior to departure.
- If you are departing by sea, please turn the I-94/I-94W into the shipping line prior to departure.
- If you are departing by land and you will not be returning to the United States within 30 days, please turn the I-94/I-94W into the Canadian or Mexican authorities upon departure from the United States.
In general, if you have been admitted to the United States under most visa classifications if you take a short trip (30 days or less) to Canada or Mexico, you may retain your I-94/I-94W, so when resume your visit to the United States you are readmitted for the balance of the time remaining on your I-94/I-94W.For those admitted as academic students or exchange visitors (F or J classifications), if you take a short trip (30 days or less) to Canada, Mexico, or the Adjacent Islands, you may retain your I-94 and your SEVIS form I-20 or SEVIS Form DS-2019, so when you resume your visit to the United States you are readmitted for the balance of the time required for you to complete your program.Both 8 CFR 214.1 and 22 CFR 41.112 contain legal guidance on the procedures for the readmission of a traveler and automatic revalidation of a visa that has expired.However, because each traveler’s individual circumstances may vary (such as your current status in the United States, foreign destination, and the nationality of the traveler); it is recommended that you contact CBP at the port of your departure and prior to your departure if you have any questions regarding these issues.Be sure to turn in the CBP Form I-94 or I-95 to the proper authorities on departure. This returned portion of the form proves you did not violate U.S. laws by overstaying your period of admission and staying in the country too long. It is evidence that you obeyed U.S. immigration laws and left timely, which is essential if you want to return to the United States at a future date as an immigrant or nonimmigrant.Canadians who travel to the United States as a tourist or on business generally do not need the CBP Form I-94. Also, certain Mexicans who have a nonresident alien Mexican Border Crossing Card, commonly known as a laser visa or a multiple entry non-immigrant visa, may not require the CBP Form I-94.Please refer to the Immigration and Nationality Act (INA) sections 212 and 214 and the Code of Federal Regulations (CFR) at 8 CFR 212 and 214 for more specific eligibility information.You will need to replace your portion of the CBP Form I-94 or I-95, if it is lost, stolen or mutilated. If you are applying for an extension of stay or change of status, you will need to be issued a CBP Form I-94 or I-95, if you were not issued one of these documents when you first entered the country. See the U.S. Citizenship and Immigration Services (USCIS) Website (uscis.gov) for information on how to file for a replacement CBP Form I-94 or I-95. |
| Q: | How do I apply for a Replacement Nonimmigrant Arrival-Departure Record, CBP Form I-94 or I-95, if the original was lost, stolen or is mutilated? | | A: | If you are applying to replace a lost, stolen or mutilated Arrival-Departure Record (CBP Form I-94) or Crewman's Landing Permit (CBP Form I-95), you must file an Application for Replacement/Initial Nonimmigrant Arrival-Departure Record (Form I-102) with the USCIS office having jurisdiction over where you are temporarily located. If the CBP Form I-94 or I-95 was lost or stolen, submit a copy of the original CBP Form I-94 or I-95. If you do not have a copy of your original CBP Form I-94 or I-95, please submit a copy of the biographic/photo page from your passport and a copy of the passport page that was stamped by CBP officer when you entered the country. If you cannot submit any evidence of your legal admission to the United States, please submit a full explanation and proof of your identity. |
| Q: | What does the law say? | | A: | The Immigration and Nationality Act (INA) governs the admission of all people to the United States. For the part of the law concerning the admissions to the United States, please see INA § 212 and 214. The applicable regulations are found in the Code of Federal Regulations (CFR) at 8 CFR § 212, 8 CFR § 214, 8 CFR § 231, 8 CFR § 235, and 8 CFR 264. |
| Q: | How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission? |
| A: | U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate. Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available. Currently, there is not an approved form to request the correction of inaccurate information recorded on the CBP Form I-94 or I-95 at the time of entry into the United States. You will need to bring the questionable CBP Form I-94 or I-95 and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the CBP Form I-94 or I-95 that has been lost, stolen or mutilated must be filed with USCIS. Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the CBP Form I-94 will not be corrected. Under these circumstances, you will be required to file an Application to Extend/Change Nonimmigrant Status, Form I-539, with USCIS. |
| Q: | How do I apply to extend the period of time that I am allowed to stay in the United States or change my current visa classification in the United States? | | A: | If you wish to extend your authorized period of stay in the United States or change your nonimmigrant status (visa classification), you will need to file an Application to Extend/Change Nonimmigrant Status (Form I-539) with USCIS. You will be asked to submit your original CBP Form I-94 upon filing the application.
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USCIS ) If you were not given an CBP Form I-94 when you were legally admitted to the United States, please file an I-102 Form. You will need to provide USCIS proof that you were legally admitted to the United States. You should file the Form I-102 at the same time you apply to extend your stay in the United States or change your immigrant status. Forms are also available by calling 1-800-870-3676. | |
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