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Summer Travel Advisory

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Summer Travel Advisory

May 25, 2010

Words of Caution: I-94 Travel Issues as We Approach Summer Travel Season. With new policies being enforced at ports of entry resulting in adverse immigration ramifications, it is imperative that foreign national employees: (1) always carefully check their Forms I-94 each time they enter the United States; and (2) be mindful to travel on passports which do not expire anytime soon. Customs and Border Protection officers recently have been limiting authorized stay on the I-94 form to the period of passport validity – regardless of the time remaining on the underlying visa. As a result, a foreign national can fall out of status unwittingly – not realizing that the time allotted by the visa or approval does not trump the issued Form I-94 but rather that the I-94 controls the period of authorized stay in this country. If apprehended, such an employee could be put into removal proceedings for visa overstay – even where he or she has time remaining on a visa.

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