Chapter 1 - Purpose and Background

A. Purpose and Background

DHS issues an Arrival/Departure Record (Form I-94) to certain non-resident noncitizens upon their arrival in the United States or when they change status or extend their stay in the United States.[1] DHS uses Form I-94 to document arrival and departure and provide evidence of the terms of admission or parole. While some noncitizens are still issued a paper Form I-94, many are not; instead, U.S. Customs and Border Protection (CBP) creates an electronic Form I-94 record.[2]

B. Legal Authorities

  • 8 CFR 1.4 - Definition of Form I-94

  • 8 CFR 264.6 - Application for a nonimmigrant arrival-departure record

Footnotes


[^ 1] In addition, the USCIS Asylum Division issues Form I-94 to persons granted asylum at an asylum office. In certain circumstances, USCIS also issues Form I-94 as temporary evidence of a Permanent Resident Card (Form I-551) to persons granted lawful permanent resident (LPR) status. Asylees and those who have Form I-94 as a temporary Form I-551 cannot use the Application for Replacement/Initial Nonimmigrant Arrival-Departure Document (Form I-102) to replace a lost, mutilated, or destroyed Form I-94. Instead, they must contact a USCIS field office or the asylum office with jurisdiction over their current residence to obtain a replacement or corrected Form I-94. Those who obtained derivative asylee status through a Refugee/Asylee Relative Petition (Form I-730) may file a Form I-102 to obtain a replacement or corrected Form I-94.

[^ 2] Before April 30, 2013, CBP issued noncitizens admitted or paroled at an airport or seaport a paper Form I-94. On April 30, 2013, CBP automated the I-94 process to create an electronic Form I-94 for a noncitizen arriving at an airport or seaport.

Current as of July 26, 2021