Monday, August 5, 2013

New electronic I-94 arrival/departure document replaces paper-based ones


Have you, or anyone you know, ever lost your I-94 arrival/departure document? Not only is replacing it a time-consuming nuisance, but it is also an expensive nuisance. The current fee for filing form I-102, for replacement of your I-94, is $330.

Now, however, having to do is a thing of the past. Beginning in the spring of 2013, U.S. Customs and Border Patrol (CBP) began a system of issuing electronic I-94s. This change means that now, upon arrival at a U.S. port of entry, you receive no paper-based I-94. If you do need evidence of your lawful admittance and confirmation of your “admitted until” date, you can check www.cbp.gov/i94.  The entry screen will prompt you for name, date of birth, passport number, country of passport issuance, most recent date of entry and class of entry (e.g. F-1, H-1B, E-2 etc.). After you enter the required information and submit it, you will see, on the resulting screen, your I-94 number and your “admitted until” date. The latter two pieces of information are important if you apply for statuses such as H-1B.

This change has advantages but disadvantages. On the one hand, you no longer have any paper-based, hardcopy I-94 to lose. On the other hand, without a piece of paper for warning purposes, you might forget or forget about your “admitted until” date, and end up staying beyond your “admitted until” date, and doing so is a bad idea.

Therefore, if you are within a class that does have a definite “admitted until” date, such as H-1B or E-2, then you might want to program that date into your smart-phone or other device, or at least circle on a traditional wall calendar. Remember that if you are in certain other classes, such as F-1, you have no specific “admitted until” date, but rather you are admitted for duration of status. In other words, so long as you maintain the conditions of your classification, you will be considered to be within your “admitted until” period, and you will have neither a status violation nor unlawful presence.

You are welcome to contact me at 610-296-3947 or via email at csun@calvinsun.com. This information does not constitute legal advice.

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