Left U.S. and Forgot to Turn In I-94 Immigration Form

Form I-94 is used by the U.S. Department of Homeland Security (DHS) to track the many nonimmigrant visitors who enter or leave the United States. Failing to turn Form I-94 in when you leave the U.S. can pose problems when you try to return or obtain another visa. However, there are steps you can take to avoid such problems, as presented below.

What Is a Form I-94?

A blank Form I-94, also known as the Arrival / Departure Record, will be given to you by the airline or other carrier that brings you to the United States. You will fill in most of Form before you arrive. You’ll receive either a white form for a regular visa, or a green one if you enter on the Visa Waiver Program (VWP).

Upon arrival in the U.S., you will hand your Form I-94 to an officer of U.S. Customs and Border Protection (CBP). The officer will write in your nonimmigrant visa status and the date upon which that status expires. Or, for certain categories of entrants, such as students, the CBP officer may write “D/S” for duration of status. That means that you can stay until your studies are completed.

The officer will then break off a small, perforated portion of the I-94 and staple it into your passport. You should protect it carefully.

Your Obligation to Turn in Form I-94 Upon Departure

You are expected to turn Form I-94 in when you leave the United States. If you leave by land, you will give it to a CBP officer at the border. If you leave by air, you will give it to an airline representative.

There’s an exception if you leave the U.S. for a short trip (30 days or less) to Canada, Mexico, or the Caribbean Islands, then came back to the United States. visit. In that case, you’re supposed to hold onto your I-94 and turn in only when you leave the U.S. to return home.

Possible Consequences of Failing to Turn in Form I-94

Handing in your I-94 form upon departure is your responsibility. However, you wouldn’t be the first person to have forgotten to do so.

The issue is that if your form is not handed in upon departure, the records are never updated, and the immigration authorities may believe that you did not leave the United States when you were supposed to. That in turn can create hurdles if and when you wish to return to the United States. If you simply show up at a U.S. entry point with an unexpired visa, seeking readmission, the CBP officer may cancel that visa, or return you home immediately. If you go to a U.S. consulate to apply for a new visa, it may be denied.

You will face particular problems if it appears that you overstayed your original visa by six months or more, at which point you become inadmissible to the U.S. for several years. For more information on this, see “Immigrant Inadmissibility to the U.S.,” in particular the discussion of inadmissibility due to unlawful presence.

Correcting a Failure to Turn in Form I-94

If you left the United States on a commercial airline or cruise ship, don’t worry.  Because your departure can be independently verified, your failure to turn in the Form I-94 should not present problems. Nevertheless, it’s worth holding on to your outbound boarding pass. Bring it along to help facilitate your entry on your next visit to the United States.

If, however, you departed the U.S. by land, private boat, or private plane, you will need to take steps to correct the record. No matter what part of the U.S. you visited, this is done by communicating with a CBP office in London, Kentucky. Its address is:

DHS - CBP SBU

1084 South Laurel Road

London, KY 40744

USA

Send a letter to this office explaining that you forgot to turn in your I-94, and include both the form (if you still have it) and documents proving that you left the U.S. on time. These might include, for example:

• boarding passes you used to depart another country, such as Mexico or Canada, if you ultimately flew home from there (send the original, but keep a copy)
• photocopies of entry or departure stamps in your passport indicating entry to another country after you left the U.S. (copy every page of your passport that is not completely blank, and include the biographical page that has your photograph)
• photocopies of dated pay slips or vouchers from your employer to show you worked in another country after you left the U.S.
• photocopies of dated bank records showing transactions that occurred in another country after you left the U.S.
• photocopies of school records showing attendance outside the U.S. after your departure, and
• photocopies of dated credit card receipts, showing purchases you made after having left the United States (be sure to delete the credit card number).

Make a copy of all your documents before you mail this package. Bring the copy with you next time you enter the U.S. or apply for a U.S. visa.

Getting Legal Help

If you left the United States and forgot to turn in your I-94 form, you may wish to contact an experienced U.S. immigration lawyer for help in correcting the record.