Does My I-94 Form Expire With My Passport Renewal?

Question from Lea, Does My I-94 Form Expire With My Passport Renewal?

Answer from AI:

When you travel to the United States, the I-94 form, also known as the Arrival/Departure Record, plays a crucial role in defining the terms of your stay. Understanding how changes to your travel documents, like renewing your passport, affect your I-94 is essential for maintaining your legal status in the U.S. Here, we’ll explore the relationship between your passport renewal and your I-94 form.

Understanding the I-94 Form

The I-94 form records the arrival and departure dates of visitors entering the United States. It specifies the type of visa you entered on and the duration of your permitted stay. You can access your I-94 electronically through the U.S. Customs and Border Protection (CBP) website.

Does Passport Renewal Affect Your I-94?

Your I-94 form does not automatically expire when you renew your passport. The expiration date of your I-94 is determined by the CBP officer at the port of entry and is based on the visa regulations and the purpose of your visit, not the expiration date of your passport. However, there are important considerations to keep in mind:

• Validity of Stay: Even if your passport is renewed, you must leave the U.S. or apply for an extension of stay before your I-94 expires. Overstaying can lead to severe consequences, including deportation and future entry bans.
• Traveling with an Expired Passport: If your passport expires while you are in the U.S., you should renew it through your country’s embassy or consulate. However, this does not extend your I-94 validity. You must adhere to the I-94 expiration date.
• Linking New Passport to I-94: After renewing your passport, it’s a good practice to carry both your old and new passports when traveling, especially if your valid I-94 is tied to the old passport. This helps demonstrate your legal status and entry information.

Steps to Take After Passport Renewal

If you’ve renewed your passport while in the U.S., consider the following steps to ensure your legal status remains uncompromised:

1. Keep both your new and old passports. The old passport may contain your valid visa and the I-94, which proves your legal entry into the U.S.
2. If you plan to travel outside the U.S. and re-enter, ensure that your visa (if required) is valid, and be prepared to present both passports at the port of entry. The CBP officer will issue a new I-94 upon re-entry, which may or may not match the previous I-94’s expiration date.
3. Consult with an immigration attorney if you have questions about your specific situation, especially if you’re considering applying for an extension of stay or adjustment of status.

When to Seek Legal Advice

Navigating immigration laws and regulations can be complex. If you’re unsure about how your passport renewal affects your I-94 or legal status in the U.S., it’s wise to seek professional advice. An immigration attorney can provide guidance tailored to your situation, helping you maintain your legal status and avoid unintended violations.

Remember, maintaining awareness of your I-94 expiration date and understanding how it interacts with your passport renewal are key to ensuring a trouble-free stay in the United States. Always consult with a legal professional for personalized advice and visit the U.S. Citizenship and Immigration Services (USCIS) website for more information.