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 a Customs and Border Patrol (CBP) Officer who then stamps the form and gives the final approval for admission of the alien. The paper copy of the I-94 showed the name of the alien, date of admission, class of admission, and the allowable period of stay.
After April 30, 2013, paper copies of the I-94, Arrival and Departure Record were no longer provided. Instead, the 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. The alien’s I-94 is available online free of charge.
The I-94, Arrival and Departure Record, is of utmost importance because it is proof of lawful entry into the US. 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. The best way to prove admission is by submitting a copy of the I-94.
Since the I-94 also contains the allowable period of stay, the CBP can determine if the alien incurred unlawful presence in the US if the alien stays beyond the allowed period of stay. The alien must depart the US before the allowable period of stay expires. Upon exiting, the alien previously provided a paper I-94 must surrender the same upon departure. For those not previously provided, the CBP electronically records the departure based on the manifest provided by the carrier.
If your copy of the I-94 is lost or stolen and it was issued prior to April 30, 2013, you can request for a replacement arrival-departure document with the USCIS. For who arrived after April 30, 2013, the I-4 is available online as stated above. If for whatever reason you cannot prove lawful admission and you want to adjust status, you might need to prove your eligibility under I-485 Supplement A, Adjustment of Status under Section 245(i). Section 245(i) of the Immigration and Nationality Act (INA) allows certain aliens to adjust by paying a $1,000.00 penalty even though they were entered the US without inspection, among others.
Just a friendly reminder – keep your I-94 in a safe place!
If you are contemplating filing any immigration petition for that matter, it is advisable to seek the counsel of an immigration 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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