Form I-94

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Form I-94
Front Side
Back Side

An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by the U.S. Citizenship and Immigration Services. Form I-94 must be filled out at the time of entry to the United States by the foreign citizens that are being admitted to the U.S. in some non-immigrant visa status.^[1] Citizens of the countries on the U.S. Visa Waiver Program list^[2], who are entering the United States for a short stay and who are not U.S. citizens or Permanent U.S. Residents, must fill out form I-94W instead. ^[3]

A completed form I-94 (or I-94W) is presented by the foreign citizen at the port of entry to the United Stated to a U.S. immigration officer, who stamps the form and gives the final approval for the admission of the foreign citizen to the United States in a specific non-immigrant status for a specific authorized period.^[4] Contrary to a popular misconception, it is not the U.S. visa stamp, but rather the stamped form I-94, that authorizes the alien's stay in the United States in a particular non-immigrant status and for a particular period of time.

As a general rule, aliens departing the United States are require to surrender (typically to the airline or ship representative) their I-94 (or I-94W) forms when leaving the United States, so that their departure can be properly recorded by the immigration authorities.

If I-94 form is lost or stolen while the alien is in the U.S., a replacement form may be requested from USCIS. ^[5]

While in the U.S., a nonimmigrant alien can apply for a change of nonimmigrant visa status from one category to another or for an extension of the previous nonimmigrant status by filing form form I-539 with USCIS.^[6] Upon approving such application, USCIS issues an approval notice, the bottom portion of which is a new I-94 form for the alien, reflecting that alien's new or extended nonimmigrant visa status and also showing a new authorization period for that status.