Since the
rollout of the automated I-94 card process, some foreign national travelers
have been reporting problems retrieving their electronic I-94 record on the
United States Customs and Border Protection (CBP) website.
As of April
30, 2013, CBP rolled out its program to automate the Form I-94 card process for
foreign national travelers arriving into the U.S. via air or sea and to
eliminate the paper I-94 admission cards. CBP is no longer issuing the paper
Form I-94, but rather creating an electronic record of admission and stamping
the foreign national’s passport. The passport stamp includes an annotation with
the class of admission and duration of admission. The electronic record of
admission may be accessed by a nonimmigrant foreign national at www.cbp.gov/I94.
Foreign
nationals arriving at a land border continue to receive a paper Form I-94 from
CBP.
Printing a
record of the Form I-94 allows a foreign national to verify admission in the
class and for the period of time indicated on the passport stamp. Additionally,
having a paper printout facilitates applications for ancillary benefits, such as
a driver’s license or a Social Security number.
Although CBP
has announced that it has fully implemented this new system, some travelers
have been experiencing problems in being able to locate their electronic I-94
Form in the new automated system. CBP provides useful information on its FAQ
page. However, not all situations have been addressed by CBP in its
instructions.
Electronic
I-94 Retrieval Issues
If an
individual cannot locate a record at www.cbp.gov/I94 or if the
information at that site does not correlate with the passport admission stamp
and written notation of class and term of admission made by CBP at the port of
entry (POE), the foreign national should verify that the correct name as it
appears in the passport has been entered on the website. The FAQ page instructs
individuals to enter the first and last names as they appear on the “travel
document” used to gain admission to the U.S. CBP explained that the name on the
passport, rather than the visa (if these are different), is required to access
a record of admission.
If a
nonimmigrant foreign national, refugee or parolee tries unsuccessfully to
access a record of admission online, or finds a discrepancy between the
electronic record and the notation in the individual’s passport, CBP has
recommended that the individual contact them through a deferred inspection
office. CBP has advised that deferred inspection officers will continue
to be the point of contact for resolving admissions errors.
Before
contacting the deferred inspection office, CBP has provided additional
instructions to assist foreign nationals in obtaining the Form I-94 out of the
CBP automation system. If a foreign national cannot locate the Form I-94 on the
CBP website, and instead, receives a “Not Found” message, it is possible that
the Form I-94 does not exist because of a system error. However, it is more
likely that the Form I-94 is in the CBP system, but the data is formatted
differently than the foreign national entered it, so the I-94 is “hiding.”
Ensure data
is entered correctly in all applicable fields:
Enter
the name as stated in the passport, visa or submitted Form DS-160. Although CBP has
stated it would draw the name for the Form I-94 from the travel document (e.g.,
passport biographic page), that is not always the case. The instructions on
CBP’s website state that the name is drawn from the visa, if any. Therefore,
check the passport, visa and a copy of the submitted Form DS-160 (if available)
for name variations. The foreign national should attempt to enter the name as
stated on each document.
Enter
the first and middle name in the first name field. In the first name
field, type the first and the middle name (if any) with a space in between. Do
this even if the middle name is not stated on the passport or visa.
Switch
the order of the names. Switch the last and first name when entering
the information on the website. Some countries state the name in the passport
as first name, last name, rather than the more standard order of last name,
first name. This may cause the name to be recorded incorrectly in the CBP
system.
Enter
multiple first names or multiple last names without spaces. If a person has two
first names or two last names, type the first names without a space between
them or the last names without a space between them. Example: type the first
names “Mary Jane” as “Maryjane.”
Check
for multiple passport numbers. Check the Form DS-160 (if available) for the
passport number on which the person was admitted, and type the passport number
as stated on the submitted Form DS-160. Also, check the passport number stated
on the visa. If the passport number is different than the current passport,
enter the passport number stated on the visa.
Do
not enter the year if it is included in the passport number. Some passport
numbers may begin with the year in which the passport was issued, causing the
number to be too long for the relevant field in CBP’s automated system. If
relevant, try entering the passport number without the year. For example, a
Mexican passport that was issued in 2008 may have a passport number that starts
with “08” followed by nine digits. Try entering the passport number without the
“08.” This problem should not arise for newer Mexican passports, as those
passports do not begin with the year.
Check
the classification. Check the classification designated on the visa and
compare it to the classification stated on the admission stamp in the passport,
as there may be a slight variation. Be sure to try both designations. For
example, the visa may state E-3D for an E-3 dependent, but the admission stamp
may state only E-3. The automated I-94 could state the classification either
way.
Call or
Visit the Deferred Inspection Office
If none of
the above efforts resolve the issue, telephone or visit the CBP Deferred
Inspection Office and explain the problem. Some of the deferred inspection
offices have been able to resolve the problem over the phone without an
in-person visit; however, other offices may require an in-person visit with the
nonimmigrant. Contact information for the deferred inspection offices can be
found on CBP’s website.
© Copyright 2013 by Faegre Baker Daniels LLP. All rights reserved.
