Must You Surrender Your I-94 When Leaving the U.S.? What to Do With a New I-94 After an Extension Approval
Answering a reader's question about whether a new I-94 issued with a B2 extension approval must be turned in upon departure, this article explains electronic versus paper I-94 records, notes that departure by commercial air or sea carrier generally requires no surrender, that land, private vessel or private plane departures require correcting the record, and offers steps such as keeping boarding passes and approval notices, checking with CBP, and mailing the I-94 to the listed addresses.
Reader Raymond Zhang asks:
Hello Derek Yang, today I received the approval notice (I-797A) for my mother's B2 extension application. On the back, in the section about "Form I-94 Attachment," it states: "When you leave the United States, you must turn in the right half of your i-94 (kept in your passport) to the officials at the airport, border or seaport. If you do not do so, it may delay your entry into the United States in the future." My question is: when leaving the U.S., where would there be customs? Where should the new I-94 be turned in?
Basic Knowledge About I-94
The I-94 form is a document used to record entry and exit information, and it determines your legal status in the United States. U.S. Customs and Border Protection (USCBP) issues and collects I-94 forms when individuals enter and exit the country, recording the times of entry and exit. If you apply for an extension or change of status within the United States, U.S. Citizenship and Immigration Services (USCIS) will issue you a new I-94 form upon approval.
Starting in the second half of 2013 (if I remember correctly), the I-94 form became electronic:
- If you travel by commercial flight or ship, the airline or cruise line will send your boarding information to USCBP in advance, thereby generating an electronic I-94 record.
- If you enter or exit by land, such as driving your own car, USCBP cannot receive your entry/exit information in advance, so a paper I-94 record is still used.
- If you enter or exit by private plane or yacht, USCBP may still require a paper I-94 record.
For the vast majority of Chinese citizens, for many years there has been no small white I-94 paper record attached to their passports when traveling between China and the United States. However, if you apply for an extension, USCIS will indicate a new I-94 date in the lower left corner of the I-797 Approval Notice upon approval, and this is your new legal status. USCBP and USCIS are different government agencies, and the new I-94 issued by USCIS typically will not be automatically updated on USCBP's official I-94 website.
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How to Turn in the I-94 Record When Departing?
Returning to the reader's question: generally speaking, if you depart by commercial airplane or ship (excluding private aircraft or yachts), you do not need to surrender your I-94 record. The Q&A on USCBP's official website also states the same:
“I forgot to turn in my I-94 when I left the U.S., what should I do? […] If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass – if you still have it – can help facilitate your reentry next time you come back to the United States. If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.”
Many readers have applied for extensions following this website's tutorials. I myself also have relatives and friends who successfully obtained extensions, stayed in the United States for more than 6 months, and later departed and re-entered without issue. To date, I have not heard of anyone encountering problems because they did not surrender the new I-94 record approved by USCIS when departing.
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However, if you are still concerned:
- Ask airport staff whether a USCBP officer is on duty. International airports should have a USCBP office, but it may not be open 24/7.
- Keep your boarding pass and I-797 approval record, and carry them with you on your next entry in case USCBP has questions about the time and status of your last departure.
Finally, if there is no USCBP officer at the airport, according to USCBP instructions [source], you can mail the I-94 record to them at the following address.
Coleman Data Solutions Box 7965 Akron, OH 44306 Attn: NIDPS (I-94) USA (If using U.S. Postal Service)
OR
Coleman Data Solutions 3043 Sanitarium Road, Suite 2 Akron, OH 44312 Attn: NIDPS (I-94) (If using FedEx or UPS)
