The  I-94 Cards and Nonimmigrants in U.S. 

1/10/2006

A nonimmigrant, present in the U.S. in a temporary status, should check the expiration date of the I-94 arrival / departure card. The I-94 is a small card that should be affixed to one's passport. It is obtained in one of two ways. It is issued by Customs & Border Protection (CBP) to an individual upon that person's entry to the United States, or it can be issued by the USCIS upon approval of a request for an extension or change of status within the U.S. In the latter case, the I-94 arrives attached at the bottom of the Form I-797, Approval Notice. 

This card reflects the period that the individual is permitted to remain in the United States, provided that the individual complies with the terms of his/her status. We note that, on occasion, the USCIS will issue an I-94 approval with a longer period of stay than is permitted in the particular category. Individuals should not rely upon a USCIS error and should seek competent legal advice as to what to do in this situation.

People often confuse the expiration date on the visa "stamp" in the passport with the expiration date on the I-94 card. The visa is an entry document, issued by the consulate. A valid visa does not equate to valid status in the U.S. For example, a person may have a 10-year multiple entry B-2 visa. That person is not, however, allowed to remain in the U.S. for the time remaining on the visa. The individual is only allowed to remain in the United States for the time period granted by CBP on the I-94 card at the Port of Entry. This is usually six months, but it could be less.

Each family member should check his or her personal I-94 to make sure it has not expired. Each person must maintain his/her own separate status. This status may be dependent upon another family member, but it is necessary to make sure that the date on the I-94 has not expired. Even dependent family members must file extension requests separate from the primary status holder's extension requests, in order to maintain status in the U.S. 

 

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