Recently, a client of ours entered the United States at Seattle-Tacoma International Airport. Our client came to visit family using an existing B-2, Tourist visa. The U.S. Customs and Border Protection (“CBP”) officer checked the documents and admitted our client. Previously, a traveler gaining admission to the United States gets an ink stamp, more communally referred to as a “visa stamp” in their passport, confirming the traveler’s class of admission, date of entry, and length of admission. This is an addition to the electronically issued Form I-94 Arrival/Departure Record, which a traveler can pull from the CBP’s website. Our client, however, did not receive such an entry stamp in his passport. Our client reached out to our office when he had an issue with proof he entered the United States legally. They could not pull their Form I-94, Arrival/Departure Record and as no entry stamp was entered, they had no proof they were inspected and entered the U.S. legally. We were able to communicate with the Seattle CBP office and have them subsequently issue his electronic Form I-94, Arrival/Departure Record allowing our client to file his Adjustment of Status application.

The above types of scenarios are likely to continue. CBP recently announced the expansion of its pilot program to eliminate admission stamps in passports. For now, travelers traveling through the below ports will notice this new change:

  • Atlanta (Hartsfield-Jackson Atlanta International Airport (ATL))
  • Boston-Logan International Airport (BOS)
  • Calgary International Airport (YYC)
  • Chicago O’Hare International Airport (ORD)
  • Dallas/Ft. Worth International Airport (DFW)
  • Dublin Airport (DUB)
  • Houston (George Bush Intercontinental Airport (IAH))
  • Los Angeles International Airport (LAX)
  • Montréal Pierre Elliott Trudeau International Airport (YUL)
  • New York (John F. Kennedy International Airport (JFK))
  • Newark Liberty International Airport (EWR)
  • San Francisco International Airport (SFO)
  • Seattle-Tacoma International Airport-SeaTac (SEA)
  • Toronto Pearson International Airport (YYZ)
  • Washington-Dulles International Airport (IAD)
  • The land ports of entry are Buffalo, Detroit, El Paso, Laredo, San Diego, Seattle, and Tucson.

 

What Is An I-94?

Let’s back up a little bit and explain what an I-94, Arrival/Departure Record is, and the importance of the document for immigration purposes. The I-94 Arrival/Departure Record is a document that tracks entrances and departures in and out of the U.S. It can also be used as proof of status for foreign nationals who are in the country under a visa status of some kind. In the past, CBP issued a physical document as travelers entered the United States and stamped the traveler’s passport as described above. In 2013, CBP switched to an online digital document that would be accessible from anywhere, along with the stamp in the passport. Now, they are phasing out the stamp in the passport.

Many people get confused by the difference between a visa and a visa status. Some believe that an I-94 and a visa are the same things. They are very different, however. A visa allows a traveler to ask permission to enter the U.S. A visa doesn’t necessarily mean that the traveler is granted entry to the U.S. CBP may still deny entry for various reasons. Visa status is the status that a person holds while they are in the U.S. A visa is stamped on the traveler’s passport once it is approved, usually at the consulate or embassy abroad. With that stamp, someone can then request entry at a port of entry.

An I-94 is proof that the CPB officer granted admission to a foreign national/traveler. It means they have gone through the visa process, been approved, and been inspected by a border agent. Not only does it prove that a foreign national is allowed in the country, but it also says how long they are allowed to stay. When a foreign national procedes through a port of entry, a CPB officer used to stamp a date onto the passport to indicate how long they may stay. In some instances, Form I-94 can also be used by the foreign national as evidence of work authorization for completion of the Form I-9. This is what makes the I-94 Arrival/Departure Record a very important record to keep track of during any entries into the US in any nonimmigrant visa status.

 

Important Steps to Take After Your Travel to the United States

Now, as the trend is to eliminate the entry stamp, we recommend travelers access and review their electronic Form I-94 Arrival/Departure Record via the CBP website or the CBP One™ mobile app as soon as possible to ensure accuracy. The passport entry stamp afforded a foreign national the opportunity to inspect their immigration record at the port of entry—and therefore made correcting mistakes with CBP officers easier right then and there. The elimination of the entry stamp now means that foreign nationals can only inspect their immigration record for accuracy after entrance as our client mentioned above. In order to avoid any issues, a foreign national should access and review his or her Form I-94 soon after entry and reach out to CBP or our office to make any corrections as required in a timely manner.

At ILBSG, we are here to help. If you noticed any discrepancy with your Arrival/Departure Record, please reach out to an ILBSG attorney today. Our team of experienced attorneys works directly with our clients to ensure they get the right advice to maximize their odds of a successful outcome.

Customs Border Protection Entry Stamp Entry Stamps I-94