Check your I-94
I met with a client the other day who came to the US on a B1/B2 (tourist visa). She was looking to either apply for an extension of stay or have her husband file a spousal petition for her. While going through her immigration documents, I noticed that her Philippine passport had no stamp stating the date until when she is allowed to stay.
For those not familiar with this process, the procedure is that when you arrive in your port of entry in the US, you will go through an officer of the Customs and Border Protection who will ask questions like your purpose of coming to the US, where you intend to stay, your activities, who is financing your trip, etc. If satisfied with your answers, they stamp your passport showing the type of visa you hold, place and date of arrival, and the “until” date which marks the end of your stay. Usually for tourist visa holders, the “until” date is six months from the arrival date. Sometimes, even less. On the other hand, if the officer is not convinced by your answers, you will be denied entry and find yourself on a flight back home.
In the past, CBP issued a card and stapled it in the passport. This was known as the I-94 card which, aside from the passport stamp, is evidence you are allowed to stay in the US for a period of time. Presently, CBP does not issue an I-94 card anymore. As they scan your machine-readable passport, all details and entries in your I-94 card goes directly to a database you can access online.
As my client obviously does not have an I-94 card, she had no idea until when she is supposed to stay in the US. She just assumed she is allowed six months. So we went online and learned that she only had two weeks left before she gets out of status.
It goes without stating how important it is to know your “until date.” It determines your status in the US - if you have been inspected or not, or if are subject for deportation or eligible for immigration benefits. Knowing the length of your authorized stay also gives you an idea what you want to do with your stay - be it an application for extension, change or adjustment of status, or just go back home and process future applications at the US Consulate.
Never assume the CBP officer gave you six months to stay in the US. Always check your actual I-94 using this link: https://i94.cbp.dhs.gov/I94/#/home. You just have to enter your personal and passport information on the link and you can view and print your I-94 for record keeping.
This column is not a substitute for professional legal advice obtained from a US-licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader’s specific immigration case. No attorney-client relationship is and shall be established with any reader.
For any questions, comments and observations, please contact Atty. Marco Tomakin at mtomakin@gmail.com