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 filing any immigration application, or you have any immigration concerns, it is advisable to seek the counsel of an immigration lawyer to guide you on the intricacies of filing for such a petition.
