Consequently, it is very important that visitors, foreign students and other non immigrants make sure that the information on this Document is accurate and legible.

It is also important to make sure that the Document is kept securely with other important travel documents. Where possible, it should be photocopied.

The importance of this cannot be stressed enough.

The US Arrival/Departure Document

The Arrival/Departure Document establishes lawful admission to the US and it indicates a person’s US non immigrant status.

It is usually provided upon arrival at a US port of entry by the US Department of Homeland Security (DHS)/US Customs and Border Protection (CBP) prior to inspection.

Airlines, other carriers, travel agents/companies may also provide this Document.

The processing of the Document takes place at the time of inspection by US DHS/CBP at a US port of entry.  

For non immigrants from countries which participate in the US Visa Waiver Program (VWP), the Arrival/Departure Document is Form I-94W. For crewmen, it is Form I-95 and for all other non immigrants, it is Form I-94.

(The VWP allows citizens of some 27-countries to have visa free travel to the US on business or vacation for periods of up to 90-days. These participating countries have been so designated pursuant to the US Immigration and Nationality Act, the Border Security Act, and, the Enhanced Border Security and Visa Entry Reform Act.)

The information which is provided on the Document concerning your non immigrant status should correspond to your non immigrant US visa status. The information on the Document also indicates the date, place and US port of arrival as well as the authorized duration of stay in the US.

Many non immigrants are often unaware of the importance of this Document.

Usually exhausted from a flight, anxious to be processed and out of the terminal building, they seldom check to see if the information provided is complete and accurate.

In the past, the now defunct US Immigration and Naturalization Service, then commonly referred to as INS processed the Arrival/Departure Document at a US port of entry and the airlines or other carriers collected it as part of maintaining a list of passengers being transported out of the US.

Any problems concerning this were usually dealt with between the airline/carrier and INS.
       
Nowadays, the consequences of incomplete and inaccurate information on the Arrival/Departure Document have more direct impact on non immigrants.

It is therefore important to double check the information for any mistakes at the time of inspection. If there is a mistake, the request for correction should be made there immediately. After the fact, it may be quite difficult and involved.

Incomplete and inaccurate information

Imagine being a regular business traveller to the United States with a problem free US immigration history. The process has become so routine that you feel you could do it with your eyes closed. This time you go through - instead of a welcome with an endorsement in your passport and your Arrival/Departure Document, you now are being escorted to ‘Secondary’.

‘Secondary’ refers to the screening booth or room where detailed questioning occurs to find out more about a passenger. A thorough review of databases also occurs as part of the process. Based on what happens there, the outcome ranges from a warm welcome to the United States; immediate removal and bar from entering the United States for a period which may range from 03 to 10 years or maybe permanent; or being arrested at the port of entry by law enforcement.

Each situation in Secondary is handled on a case by case basis.

Being escorted to Secondary may result from a passenger’s Arrival/Departure Document mix up or misunderstanding, or it may occur because of spotting a US visa violator, or, nabbing a possible criminal.

Maybe, in the rush of finalizing business on a prior visit, you lost or misplaced your Arrival/Departure Document. Upon departure from the US at the time, the airline or carrier on that occasion may have inadvertently failed to request/collect/process it.

No problem from your perspective. With the business trip quite successful, you looked forward to returning home to family, friends and colleagues to kudos and celebration.

And did so.

Having made a subsequent business trip or two to the US since then, the lost or misplaced Arrival/Departure Document never came up and was never a problem.

This trip is different. You are now in Secondary. You are being thoroughly questioned. The database indicates that you violated US Immigration Law by overstaying. You are being denied entry and you are subject to immediate removal.

The Consequences
  
Now that you faced with immediate removal, what steps can you take and what can you do.

You now have a situation of incomplete and inaccurate information concerning your Arrival/Departure Document.        

On these basic and simply put facts, it is quite likely that you will be removed and returned to the country where you travelled from or possibly to a third country.

The matter will now have to be handled through the US Consulate which has jurisdiction over your place of residence.

There may also be other consequences which may not occur in Secondary.

They relate to changing US visa classification and problems with visa renewal, among others.

A foreign student may face problems in changing from F-1 student visa classification to take up a job offer under H-1 professional visa classification.

A VWP citizen may be denied an intra company transfer L-visa later on because
Form I-94W inaccuracies.          

There may also be other consequences where the Document has been misplaced, lost, damaged or stolen. These may result in a myriad of US immigration issues.

In addition to clearly and carefully providing information on the Document, it is also extremely important to keep it and all other travel documents in a safe place.
 
Correcting Errors

Ideally, errors should be spotted at the time of inspection at a US port of entry.

At that time, a request for correction can be made directly with US CBP and the matter may be dealt with there.

Procedures may differ at various ports of entry and getting corrections processed may be more difficult in some jurisdictions than others.

If the mistake is spotted at a later point, i.e. after the inspection, an application must be filed with USCIS along with supporting documents, exhibits and filing fees in order to request a correction and obtain approval.

Prevention and Safeguards

In addition to promptly correcting errors, it is also equally important to obtain a new/replacement Arrival/Departure Document from USCIS where the originally issued one is lost, misplaced, damaged or stolen. Where the Document has been stolen, file a report with the police immediately. The police report must be included with the various supporting documents and exhibits which are to be submitted to USCIS.

The procedure for obtaining a new/replacement Document can be involved, complex and time consuming. USCIS has to be convinced that the application is being made in good faith and that there is no fraud or deception involved.

Where USCIS is not fully convinced, the application will be denied.

It is always best to make sure to complete your Arrival/Departure Document clearly and carefully. Do not leave any spaces blank.

At the time of inspection, no matter how tired and exhausted, double-check the Document to make sure that the entry date, visa category and other information are accurate.

Keep all travel documents safely. Keep photocopies in a safe place.

Also, keep a copy of your e-ticket paperwork or other ticket, your boarding pass stub and the passport page with the immigration endorsement of your onward country. This will help to indicate departure from the US and entry and inspection by the Immigration authorities of that country. It will be important in helping to prove timely departure from the US and resolving any issues concerning a US overstay.

These preventions and safeguards will also serve as part of your personal tracking system in travelling to and from the United States.

UudenLaw focuses on cross border transactions and immigration. For e-consultations, contact: uudenlaw@bellsouth.net