I-94 Information

tdbw

Registered Users (C)
I am posting this because I have seen numerous postings for the I-94 and the "fear of death" regarding them which I believe stems from not grasping the real concept of what the I-94 is.

What is an I-94:
============
The I-94 is known as the arrival\departure Card. This is the card that every traveller who is NOT a citizen of the US has to fill out when coming to the US.

This is similar to the arrival card that one has to fill out when going to any country that they are not a citizen of.

Contrary to the belief in the postings I have seen here - I-94 is not a "special" card for "immigrants" only!


How does I-94 work for Immigrants Pending 485 Approval:
=========================================
In order for a 485 applicant to travel in and out of the country (and\or one who is using an EAD) - one requires an AP (Advance Parole).
The AP is valid for 1 year.
It DOES NOT MATTER what the date on the I-94 is when you are travelling out of the country while your 485 is pending.
When you re-enter the country you HAVE TO FILL out a new I-94 (obtained in the aircraft before landing - or at the airport - whatever your preference).
The immigration officer removes the OLD I-94 and INSERTS a expiry date on your new I-94 depending on your AP. Sometimes the officer can also insert a date that does not correspond with your AP - (in my case I have an expiry date of 2004 even though my AP expired in July 2003)


In short:
======
It does NOT MATTER what the expiry date on your I-94 is;
As long as you have a pending 485 application.
As long as you have a valid travel document (visa or AP).
I-94 is an arrival\departure record that enables the country's immigration to keep track of persons that may overstay their allowed limit.

I sincerely hope this helps.

Also - the BCIS (USCIS) website answers MOST questions people have about such matters. It always pays to first research a little. No harm done.
 
Originally posted by tdbw
This is the card that every traveller who is NOT a citizen of the US has to fill out when coming to the US.

Not true. GC holders are not US citizens but they do not have to fill out the I-94 forms.
 
Great Post tdbw.

Just one thing I would like to add, correct me if Iam wrong.

You said the immigration officer "removes" the old I-94 and enters the new one. I believe the old I-94 is collected by the airline when you leave the country?

Thanks

balu
 
Originally posted by bwagle
You said the immigration officer "removes" the old I-94 and enters the new one. I believe the old I-94 is collected by the airline when you leave the country?

In most cases, when leaving by plane. Your I-94 can also be collected by BCBP when leaving the US by land to Mexico, and by Canadian immigration when leaving by land to Canada.

Please also note that Canadians' I-94s are multiple entry and can usually be used instead of the I-797 approval notices (although I personally would never leave the US without the original I-797 just in case). I believe other non-immigrants can keep their I-94 if they travel to Canada for 30 days or less and just re-present them on re-rentry.
 
Top