An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a nonimmigrant visa status.[1] While citizens of the countries in the U.S. Visa Waiver Program list,[2] who are entering the United States via an air or seaport for 90 days or less and who are not U.S. citizens or permanent residents are required to complete an I-94W ("Nonimmigrant Visa Waiver Arrival/Departure Form"), these visitors must now also obtain an Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. The I-94W form requirement has been dropped during Summer 2010, after a transitional period, for VWP applicants.[3] [4]
A completed Form I-94 is presented by the foreign citizen at the port of entry to the United States to a CBP Officer, who stamps the form and gives the final approval for admission of the foreign citizen into the United States in a specific nonimmigrant status for a specific authorized period.[5]
As a general rule, non-U.S. citizens who are also non-U.S. permanent residents[1] departing the United States are required to surrender their Form I-94 when leaving the United States, so that their departure can be properly recorded by the CBP Officers (typically to the airline or ship representative, or into a deposit box in the terminal). If the Departure Record portion is not surrendered then it may cause difficulties trying to re-enter the USA, as the systems used to track ingoing and outgoing visitors may show that the holder has overstayed, although this may be rectified.[6]
When departing the United States for Canada or Mexico (only), for a trip of less than 30 days, it is not required to surrender the I-94 [7] If the I-94 form is lost or stolen while the nonimmigrant is in the United States, a replacement form may be requested from USCIS.[8]
While in the United States, nonimmigrant visitors (but not VWP visitors) may 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.[9] Upon approving such application, USCIS issues an approval notice, the bottom portion of which is a new Form I-94 for the nonimmigrant, reflecting that visitor's new or extended nonimmigrant visa status and also showing a new authorization period for that status.