Wednesday, April 7, 2010

One little piece of paper, many big consequences

When you enter the U.S. on a visa or as part of the Visa Waiver Program, you should fill out a document called the Arrival-Departure Record, or Form I-94/I-94W.  When you go through inspection, the Customs and Border Protection officer will keep the top half of the form, and then stamp or hand-write some information on the bottom of the form and return that small square of paper to you.  Sometimes the officer will staple it into your passport for you and sometimes they will simply place it loosely in your passport.  Don't let its small size trick you, that little slip of paper is very important, for two reasons:

Number 1: The I-94/I-94W will show you under what status you are admitted to the U.S., and for how long you can stay.  It is your proof that you have permission to be in the U.S.  For most visa categories, and for the Visa Waiver Program, it will show the date when your stay in the U.S. must end.  For students and other categories, it may list "D/S" or duration of status, meaning that you can stay in the U.S. for as long as you maintain your nonimmigrant status.  There are several situations that may cause your lawful stay in the U.S. to end before the expiration of your I-94, for instance, if you lose the job that your work visa is tied to, or if you drop below full time enrollment.  In that case, you should visit an immigration attorney to discuss your options.  It is very important that you take action to extend or change your status in the U.S. before your I-94 date expires, otherwise you must leave the U.S. or face consequences for your unlawful overstay.  Keep in mind that even if you have a visa that is still valid, it is the date on your I-94 that is all important. 

Number 2: The I-94/I-94W also serves as your departure record and you must turn it in  at the time that you leave the U.S.  If you are departing by air, turn the I-94/I-94W into the airline prior to departure.  If you are departing by sea, 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.


If you don't turn in your I-94/I-94W, the Department of Homeland Security has no way to record your lawful and timely departure from the U.S. and you may face difficulties the next time you apply for a visa or try to re-enter the U.S. 

Fortunately, even if you weren't able to turn in your I-94/I-94W the last time you left the U.S., there is a safety net.  You can send your I-94/I-94W to the following address:

If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:


DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
U.S.A.

You should also include a cover letter, written in English, and copies of the following documents that prove you left the U.S.:
  • Original boarding passes you used to depart the United States
  • Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph.)
  • Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States
  • Dated bank records showing transactions to indicate you were in another country after you left the United States
  • School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States
  • Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
Remember, when in doubt, don't hesitate to contact USCIS's customer service number: 1-800-375-5283, or to consult with a competent immigration attorney.

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