New CBP Program Will Remind Travelers of their Departure Date

Customs and Border Protection, (“CBP”) is implementing a new program to remind certain travelers of their last possible departure date from the United States. CBP will start the program for travelers eligible for the visa waiver program (“VWP”). CBP plans to expand this program to other categories of nonimmigrant visas.

To check their admitted until date, travelers will enter their name, birthdate, passport number and passport country of issuance. If a traveler has overstayed their visa, the I-94 website will provide travelers with information regarding next steps to take. An “overstay” is defined as someone who was lawfully admitted to the United States for an authorized period, but remained in the United States beyond his or her lawful period of admission.

Form I-94 provides non-immigrant visitors evidence they have been lawfully admitted to the U.S., which is necessary to verify immigration status and employment authorization. In May 2013, CBP digitalized the I-94 at land and sea ports of entry. In September 2016, CBP launched an online I-94 application and payment option for travelers arriving at a land port of entry. Travelers can provide their biographic and travel information, and pay the $6.00 fee for their I-94 application online up to seven days prior to their entry. In general, an I-94 is only issued to holders of nonimmigrant visas or VWP participants.

This new program will make it easier for immigrants to track their entries to the United States and to ensure they do not overstay. There are many possible adverse consequences of overstaying the authorized period of admission. If you have any questions regarding the specific facts of your case, please call the Joseph & Hall P.C. for a consultation or for an appointment with your attorney.