The U.S. Department of Homeland Security (DHS) recently updated the Form I-94 filing requirements. All non-citizens who aren’t legal permanent residents are highly encouraged to download and fill out the I-94 on every new entry into the U.S. This is due to an extremely high error rate in the admissions process.
Form I-94 is a form that tracks an individual’s arrival and departure record to the U.S. When nonimmigrant visitors enter the U.S., they generally have an I-94 attached to their passport. This is important because an I-94 is what determines an individual’s lawful stay in the U.S., rather than solely a passport or visa.
Recently, the DHS issued a notice regarding the I-94 filing requirements. All nonimmigrants entering the U.S. must file an I-94 each time they enter the U.S. They are also encouraged to file an I-94 online.
This is due to a high rate of error that greatly affects nonimmigrants visiting the U.S. Because an I-94 is used to determine legal entry, those with erroneous I-94 will be marked as being the country without a basis, therefore making them subject to scrutiny by immigration enforcement agencies.
Currently, all noncitizens and lawfully permanent residents are required to file an I-94 upon entering the U.S. They can also use the form to retrieve a limited travel history of their arrivals and departures. If an individual is already in the U.S. lawfully (or through a parole program) they can find and print out their most recent I-94 as proof of their lawful admission.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
