The Importance of I-94 Expiration Date for Nonimmigrants

For those who are in the United States temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of the I-94 arrival / departure card. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a U.S. Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States. If the USCIS issues an I-94, it will arrive attached to the bottom of an approval notice (I-797). This should be detached and placed in one's passport.

Foreign nationals in F and J statuses do not have specific expiration dates noted on their I-94s, as they are admitted for duration of status (D/S). These individuals maintain their nonimmigrant statuses as long as they comply with the terms and conditions of their respective classifications during their programs.

The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than permitted by law or by granting an individual less time than appropriate). In either case, one should immediately obtain competent legal advice on the proper steps to correct the error. 

One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. If the expiration date on the I-94 card is earlier than allowed by law, there is a risk for the individual remaining in the U.S. without correcting or otherwise addressing the error.

It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same, as they serve two different purposes. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after entry could be much shorter or longer than the duration of the visa. The appropriate amount of time an individual is allowed to remain in the U.S. is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion. For example, an individual might be issued a 10-year, multiple-entry visitor visa (B-2) by the consulate. The fact that s/he has been granted a visa valid for ten years does not permit a stay of ten years on any single visit.

Visitors are limited to the amount of time granted by the CBP - normally six months, but potentially less, depending on the circumstances. These expiration dates should be closely tracked. Overstaying the amount of time granted by CBP can have serious legal consequences on one's immigration status and eligibility for future immigration benefits.

http://www.greencardapply.com/news/news13/news13_0312.htm

http://www.greencardapply.com

http://www.greencardfamily.com