If you are in the U.S., as a temporary visitor, with one of the many types of Visas, you should remember to always look at your I-94 card to determine the date in which you will have to leave the U.S. You may have other documents with different expiration dates; however, those dates only refer to the specific documents. The only date that really defines how long you can legally stay in the U.S. is the expiration date on the I-94 card. If you have lost your I-94 card, you should contact the U.S. Citizenship and Immigration Service (USCIS) to obtain a replacement. Instructions for obtaining a replacement I-94 card may be found by accessing the USCIS website. If you have never received an I-94 card, you have a more significant problem and should probably see an immigration attorney at your earliest convenience. If you are asking yourself, as you read this blog, “what is an I-94 card”, continue reading. An I-94 card is officially named an “I-94 Departure Record”. It is the card that you get when you enter the U.S. at a port of entry, which could be an airport, bridge, seaport, etc. This card will be stamped with the date of your entry and will have an expiration date that will be handwritten by a U.S. Customs officer. The card states: “You are authorized to stay in the U.S. only until the date written on this form. To remain past this date, without permission from immigration authorities is a violation of the law.” The card should be carried on your person (much like a driver’s license) while in the U.S. and must be surrendered when you leave the U.S. If you stay beyond the date on the I-94 card, you may be subject to the 3 year bar or the 10 year bar. This means that if you stay beyond the expiration of the I-94 card, and leave the U.S. between 1 and 180 days thereafter, you may be barred from re-entering the U.S. for a period of 3 years. If you stay over 180 days after the expiration of the I-94 card and then leave the U.S., you may be barred from re-entering the U.S. for a period of 10 years. If you wish to extend your stay in the U.S., you can apply for an extension, but you must apply for the extension before the expiration date on the I94 card and you must apply at a time that will allow enough time for the extension request to be reviewed and approved. In summary, the I-94 card is an extremely important document, if you are a visitor in the U.S. and it is therefore important to keep the expiration date of the I-94 card in mind at all times.
© 2009 Naneaster (Nan) Hall, Esq. 2121 Eisenhower Avenue, Suite 200, Alexandria, VA 22314 (703) 413-3234 nfhesq@gmail.com
Updated on 11/06/2009 to move the legal disclaimer to the “Legal” page.
