CBP Announces Automation of Form I-94

Automation will eliminate paper forms, streamline admission process

I-94

U.S. Customs and Border Protection recently announced that it has submitted to the Federal Register a rule that will automate Form I-94 Arrival/Departure Record to streamline the admissions process for individuals lawfully visiting the United States. Form I-94 provides international visitors evidence they have been lawfully admitted to the U.S. which is necessary to verify alien registration, immigration status, and employment authorization. The automation means that affected visitors will no longer need to fill out a paper form when arriving to the U.S. by air or sea, improving procedures and reducing costs. The change will go into effect 30 days after the rule is published in the Federal Register.

“Automation of the I-94 will increase efficiency and streamline the admission process,” said CBP Deputy Commissioner David V. Aguilar. “Once fully implemented, the process will facilitate security and travel while saving CBP an estimated $15.5 million a year.”  Travelers wanting a hard copy or other evidence of admission will be directed to www.cbp.gov/I94 to print a copy of an I-94 based on the electronically submitted data, including the I-94 number from the form, to provide as necessary to benefits providers or as evidence of lawful admission. (www.cbp.gov/I94 )

As part of CBP’s work to bring advances in technology and automation to the passenger processing environment, records of admission will now be generated using traveler information already transmitted through electronic means. This change should decrease paperwork for both the officer and the traveler and will allow CBP to better optimize its resources.

Those Granted Deferred Action Can Apply for Advance Parole!

Sarasota Immigration Attorney Victoria Jaensch Karins

The granting of Deferred Action does not lead to any status or path to permanent residence. However, the USCIS has stated that those who are granted Deferred Action will be able to apply for a travel document called “Advance Parole” if they can show a good reason for the need to travel (e.g. humanitarian, education or work related).

This is a potentially great benefit to those who entered without inspection (EWI) and are married to US citizens. EWI’s married to US citizens are not currently eligible to obtain their green cards in the U.S. They must apply from their home country. Usually the return to the home country triggers the 3 to 10 year bar.

But now, people who are “paroled” in the U.S. based on the advance parole documents ARE eligible to obtain their green cards in the U.S.

Therefore, a person granted deferred action who also receives an advance parole would be able to obtain their green card through their US citizen spouse in the U.S. within 3-4 months of filing and would not require a waiver application.

I do not advise anyone who is granted Deferred Action to leave the U.S. with a travel document before first confirming that they will be able to come back to the U.S. In the coming months, we will see how this issue plays out.