LAST May 31, 2017, the U.S. Customs and Border Protection of the Department of Homeland Security issued an advisory that the CBP will now remind travelers to the US of their last possible departure date, according to the terms of their admission, in two (2) ways: by email and through a new feature in the I-94 website. Travelers under the Visa Waiver program can now check online how long they can legally remain in the U.S. and ensure they are in full compliance with the terms of their admission. The CBP advised that additional non-immigration travelers will also be able to do the same in further updates to the I-94 website.
The class of admission of the traveler determines his period of admission in the US. Upon an alien’s arrival at the port of entry, the U.S. immigration inspector/CBP official determine the alien’s length of visit – either an admitted-until date or “D/S” (duration of status). For instance, the maximum length of stay of a visitor visa holder (B1/B2 visa) is six (6) months from the date of arrival. On the other hand, a student visa holder (F1)’s allowable stay is “duration of stay”, which is the day of completion of the academic program plus sixty (60) days grace period.
The I-94, Arrival and Departure Record, is of utmost importance because it is proof of lawful entry into the US which is used to verify alien registration, immigration status, and employment authorization. For instance, any alien who wishes to adjust status must present proof of admission into the US, i.e., an immigration officer inspected and admitted the alien.
As you may be aware, CBP electronically creates an I-94 for each arriving alien in a non-immigrant status. In lieu of a paper copy of the I-94, an annotated entry stamp in the alien’s passport is provided. A copy of the alien’s I-94 is available online free of charge. Prior to April 30, 2013, all aliens admitted to the US in a non-immigrant visa status were required to fill-up a form, Form I-94, Arrival and Departure Record, and present the same to the CBP Officer who then stamps the form and gives the final approval for admission of the alien.
Starting last September 29, 2016, travelers to the U.S. can apply and pay for their I-94 online up to seven (7) days prior to their entry. The CBP hopes that this will expedite travelers’ entry to the US by providing their biographic and travel information online, and paying the $6 fee ahead of their arrival date.
If you are contemplating of filing bankruptcy, it is advisable to seek the counsel of a bankruptcy lawyer to guide you on the intricacies of filing for such a petition.
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Atty. Gwendolyn Malaya-Santos is a member of the State Bar of California and the Integrated Bar of the Philippines. To schedule for a free initial in-person consultation, please call Tel. Nos. (213) 284-5984 or (626) 329-8215. Atty. Santos’ office is located at 3450 Wilshire Blvd., Suite 1200-105, Los Angeles, CA 90010.
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Information contained in this article does not, nor is it intended to, constitutes legal advice for any specific situation and does not create a lawyer-client relationship. It likewise does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
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