U.S. Land Visitors May Apply for I-94 Before Travel

If you are coming to the U.S. by land, you can apply for an I-94 seven days before you arrive.

The Form I-94 (Record of Arrival / Departure) is a very important immigration document. It provides non-immigrant visitors evidence they have been lawfully admitted to the U.S., which is required to verify their immigration status and employment authorization. 

Travelers arriving at land border ports of entry can speed up their entry by using the online I-94 application.  U.S. Customs and Border Protection (CBP) announced an enhancement to the I-94 website today, which allows travelers to apply and pay for their I-94 online prior to arriving at a land port of entry. Travelers can speed up their entry into the U.S. by providing their biographic and travel information, and paying the $6 fee for their I-94 application online up to seven days prior to their entry. Payment can be made with a credit card, debit card, direct debit, or through PayPal.  

CBP expects that this new I-94 policy will expedite international travelers' entry into the U.S. at land ports of entry, while maintaining the highest standard of security.   It is hoped that this automated functionality will increase the efficiency of the entry process and reduces waiting time for international travelers. 

Travelers will now receive a provisional I-94 after submitting their application and payment online. The I-94 application will collect information that is usually collected in-person at the land port of entry, including biographic information (name, date of birth, country of citizenship), passport details, visa details, and petition/Student and Exchange Visitor Program (SEVIS) number.

In order to finalize the I-94 issuance process, a traveler must present themselves at a land port of entry within seven days of their application and may have to submit biometrics, and be interviewed by a CBP officer. Travelers should also be prepared to show evidence of their residence, employment, and/or travel plans, if requested by the CBP officer.

If the traveler does not complete their I-94 issuance process within seven days of their application, their provisional I-94 will expire and they will have to reapply and the pay the fee again. There are no refunds if the I-94 is not issued within the seven day period or if the traveler is denied entrance to the United States. 

 In May 2013, CBP already automated the I-94 in the air and sea environment. The automated system allows CBP officers to create an I-94 Arrival Record at the time of inspection with passenger manifest information—eliminating the need for paper forms and manual data entry. According to CBP, the automation of the I-94 Arrival/Departure Record has greatly improved the traveler experience while saving the U.S. government an estimated $34.5 million in its first two years. To apply for your I-94 online, visit https://i94.cbp.dhs.gov.

CBP Announces Additional Enhancements to the Electronic System for Travel Authorization

WASHINGTON—U.S. Customs and Border Protection today (Feb. 23, 2016) announced additional enhancements to the Electronic System for Travel Authorization (ESTA), as part of the continued implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act).

Last month, the United States began implementing changes under the Act. Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):

Nationals of VWP countries who have been present in Iraq, Syria, or countries listed under specified designation lists (currently including Iran and Sudan) at any time on or after March 1, 2011 (with limited government/military exceptions).

Nationals of VWP countries who are also nationals of Iraq, Syria, Iran, or Sudan.

As part of the implementation, as of today an updated ESTA application form is now available. The new form contains additional questions to address the travel eligibility requirements called for in the Act. CBP encourages travelers seeking an ESTA to use the enhanced system, which will also assist in making determinations on the potential granting of a waiver. Travelers will not be able to apply separately for a waiver of the new restrictions.

Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interest of the United States. Such waivers will be granted only on a case-by-case basis in the near future. As a general matter, categories of travelers who may be eligible for a waiver include individuals who traveled to these countries on behalf of international organizations, regional organizations, and sub-national governments on official duty; on behalf of humanitarian non-governmental organizations on official duty; or as a journalist for reporting purposes. Additionally individuals who traveled to Iran (only after July 14, 2015) or Iraq for legitimate business-related purposes may be eligible for a waiver.

Additionally, pursuant to the Act, last week the Secretary of Homeland Security determined that Libya, Somalia and Yemen be included as countries of concern, specifically for individuals who have traveled to these countries since March 1, 2011. An updated ESTA application with additional questions on travel to Libya, Somalia, and Yemen will be released this spring 2016 to address exceptions for diplomatic- and military-related travel provided for in the Act.  As announced last week, as a general matter, categories of travelers who may be eligible for a waiver include individuals who traveled to these countries on behalf of international organizations, regional organizations, and sub-national governments on official duty; on behalf of a humanitarian NGO on official duty; or as a journalist for reporting purposes.

DHS continues to review the security of the Visa Waiver Program, the threat environment, and potential vulnerabilities. These recent measures are the latest in a series of actions over the past 15 months to strengthen the security of the VWP and ensure the Program’s requirements are commensurate with the growing threat from foreign terrorist fighters, many of whom are nationals of VWP countries.

Individuals will still be able to apply for a visa using the regular immigration process at U.S. embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates stand ready to provide visa interview appointments on an expedited basis. The new law does not ban travel to the United States, or admission into the United States, and the great majority of VWP travelers will not be affected.

Current ESTA holders should check their ESTA status prior to travel on CBP’s website, esta.cbp.dhs.gov. If a traveler needs to speak to someone immediately, they may contact the CBP information Center, www.cbp.gov/contact or their closest U.S. embassy or consulate.

Information on visa applications can be found at travel.state.gov.

(Release on February 23, 2016, http://www.cbp.gov/newsroom)

Five-year travel history can now be accessed on CBP I-94 system

Have you as a visitor ever tried to remember the exact date of entering the United States two years ago?  Or have you lost an old I-94 record of arrival/departure that you need for an application?  The new upgrade to the CBP's I-94 retrieval system could be the solution to these problems.  Since its inception last year, the CBP I-94 system was limited by its ability to generate only the last entry record of foreign visitors.  Starting today (May 1, 2014), the system has been upgraded to allow users to retrieve I-94s from within the last five years. To retrieve older I-94s, visitors must still file a Form I-102 application with USCIS.  Such an upgrade will prove to be extremely useful for many foreign visitors.

Paper I-94 form (Arrival/Departure-Record) Being Phased Out

Customs and Border Patrol (CBP) has started phasing out the use of paper Form I-94 since April 30, 2013.  

Paper I-94 form being phased out

It means that foreign visitors coming or returning to the U.S. will no longer have to complete the little white I-94 form any more upon arrival.  The I-94 form has been used by the government to keep track of the arrival and departure record of foreign visitors for many years.  A new automatic process is being implemented to replace the paper form.  CBP will now obtain all travelers’ arrival/departure information automatically from their electronic travel records.  The new system should actually be a more secure and accurate system than the paper system.  

If foreigners need to obtain their I-94 number and arrival/departure information for employment and other purposes, they can retrieve it by visiting CBP.gov/I94 . 

The following is the implementation schedule of the new electronic I-94 system:

Week 1	4/30/13 - 5/03/13	Charlotte Douglas International Airport, Orlando International Airport, Las Vegas Airport, Chicago O’Hare, Miami International Airport and Houston Bush Intercontinental Airport
Week 2	5/7/13	Major Air and Sea Ports within the following field offices: New York, Boston, Buffalo, Baltimore, Detroit, Atlanta, Tampa, Puerto Rico, Miami Chicago New Orleans and Houston
Week 3	5/14/13	Major Air and Sea ports within the following field offices: Pre-Clearance, San Francisco (includes Hawaii and Guam), Tucson, El Paso, Seattle, Portland (includes Alaska), Los Angeles, San Diego and Laredo
Week 4	5/21/13	All remaining airports and seaports

Documents needed for long weekend travel between U.S. and Canada

Labor Day weekend is a very popular holiday for travel as it is often seen as the last chance to take a summer vacation.  Because of the close proximity between the two countries, many people don’t realize that official travel documents are required.  Gone are the days when one may just drive to Canada and return with their driver’s license or birth certificate.  Starting June 1, 2009, a new policy called the Western Hemisphere Travel Initiative (WHTI) was implemented, which requires U.S. and Canadian citizens, age 16 and older to present a valid, acceptable travel document that denotes both identity and citizenship when entering the U.S by land or sea.

Traveling to the United States

Exactly what documents can be used to enter or return to the United States?  The U.S. Customs and Border Patrol (CBP) strongly encourages travelers to obtain a radio frequency identification (RFID)-enabled travel document such as a U.S. or Canadian Passport, U.S. Passport Card, Enhanced Driver’s License/Enhanced Identification Card or Trusted Traveler Program card to expedite their entry and make crossing the border more efficient.  An enhanced driver license (EDL) or enhanced ID card (EID) confirms both the bearer’s identity and citizenship, and is an acceptable alternative to a passport for re-entry into the U.S. at land and sea border crossings.  Currently, four (4) states including Michigan, New York, Vermont and Washington are issuing these enhanced documents.  Trusted Traveler Programs issue four different cards - Global Entry (U.S./Mexico/Netherlands), NEXUS (U.S./Canada), SENTRI(U.S./Mexico) and FAST(Commercial Truckers).  Any of the cards can be used at all U.S. land and sea ports of entry.  For permanent residents of the United States, they may use their permanent resident card (green card) to return to the U.S.

Traveling to Canada

Similarly, Canadian law requires all persons entering Canada from the U.S. by car present proof of citizenship and identity. U.S. citizens can present a U.S. passport and Nexus card as they fulfill both of these requirements.  If they don’t have these documents, they may use a government-issued photo ID such as a driver’s license and proof of U.S. citizenship such as a birth certificate or naturalization certificate.  However, although a U.S. Citizen may enter Canada by car using one’s driver’s license and birth certificate, the person would not be able re-enter the U.S. with these documents.   Non U.S. citizens traveling between the U.S. and Canada by car must also produce proof of citizenship from their country and proof of identity. Again, a valid passport from his country or origin or other WHTI-compliant document will satisfy the border requirements for both the U.S. and Canada.

CBP also provide these travel tips: (1) Be familiarized with customs requirements to  avoid fines and penalties associated with the importation of prohibited items.  (2) Be prepared for the inspection process before arriving at the inspection booth; have travel documents ready; be ready to declare all items acquired outside of the U.S.; end cellular phone conversations.  (3)  During periods of heavy travel, border crossers may wish to consider alternative, less heavily traveled entry routes. (4) Allow extra time for travel during holiday season; (5) Know the difference between goods for personal use vs. commercial use.  (6) Do not attempt to bring fruits, meats, dairy/poultry products and firewood into the United States from Canada without first checking whether they are permitted. (7) CBP also reminds U.S. lawful permanent residents that the I-551 form (green card) is acceptable for land and sea travel into the U.S.

  

Understand that CBP officers have the authority to conduct enforcement examinations without a warrant, ranging from a single luggage examination up to and, possibly, including a personal search. Even during the summer vacation season, international border crossers should continue to expect a thorough inspection process when they enter the U.S. from Canada.

Immigration and Custom Issues for Summer Travelers

Every summer, many people including foreign students and temporary workers travel to other countries for vacation or business reasons. The U.S. Customs and Border Protection (CBP) remind summer travelers that U.S. citizens traveling abroad must have approved travel documents when returning home. U.S. and Canadian citizens who are 16 and older are required to present a valid, acceptable travel document that proves both identity and citizenship when entering the U.S. by land or sea. Travelers who are under 16 may present a birth certificate or alternative proof of citizenship when entering by land or sea. These documents may include: U.S. or Canadian passports, Trusted Traveler Card, U.S. Passport Card, State or province-issued Enhanced Driver’s Licenses (when and where available).

Permanent residents, asylees, refugees, etc., of the United States should bring their Permanent Resident Card (I-551) or “green card” with them. For other temporary visitors of the U.S. such as students and temporary workers, they should their passport, a valid visa, I-94, H-1B approval notices, I-20s, etc., when traveling internationally. Some visitors such as TN and H-1B workers must also bring employment verification letters and other supporting documentation. Applicants with pending green card applications must bring their approved advance parole travel document before departure. Otherwise, their applications will be considered abandoned. Additionally, one must also bring travel documents (e.g., a visa) required for the destination countries.

International travelers must be prepared to declare all items acquired abroad. Keep all receipts in an envelope to make it easier to complete the custom declaration form and to clear custom. When arriving at the airport, they should be ready for the inspection process before approaching at the inspection booth and have their approved travel documents available for the inspection. If they need to bring fruits, meats, dairy/poultry products and firewood into the U.S. from Canada, they should first check whether they are allowed. In general, the federal government does not allow you to import wild animals into the United States that were taken, killed, sold, possessed or exported from another country if any of these acts violated foreign laws. Some states have even tighter regulations. Generally, the CBP does not recommend that travelers bring fruits and vegetables into the U.S. Whether fruits or vegetables are allowed to be brought into the U.S. depends on several factors such as the country of origin, the destination, personal or commercial use, etc. If one fails to declare agricultural items at U.S. ports of entry, the fine is $300 for the first time. The penalty for the second violation goes up to $500.

The Visa Waiver Program (VWP) is still active for countries such as Japan, Korea, France, England, etc. All nationals or citizens of VWP countries are now required to have an approved Electronic System for Travel Authorization prior to boarding a carrier to travel by air or sea to the U.S. under the VWP.

Travelers with pets or minors should also take special precautions. Some pets such as dogs may require proof of rabies vaccinations. For minor children who are traveling without their parents, notarized travel permission letters should be prepared for them to avoid misunderstanding. If you need medication, only bring enough for the trip and keep it in the original container. If you’re traveling with new electronic items that were purchased during the last six months, bring the original receipts with you. Likewise, travelers with a lot of new jewelry should bring with them receipts or appraisals.