Circumstances When an Electronic I-94 is Not Issued

Most foreign nationals who enter the United States receive an electronic I-94 record of their admission from the U.S. Customs and Border Protection (CBP). However, there are certain circumstances when an electronic I‑94 might not be issued. Not receiving an electronic I-94 does not necessarily mean that the foreign national is out of status, but it may complicate an individual’s ability to provide proof of their last lawful entry if or when this is required.

Overview of Electronic I-94 System

The CBP electronic I-94 database provides an individual’s most recent I-94 admission record, as well as entry and departure records for the past ten years. This system is a great tool from a recordkeeping perspective and makes it easier for travelers to determine whether any corrections need to be made. However, the online CBP information only contains arrival and departure records, including details of the electronic I-94 issued at the time of entry. It does not necessarily reflect one’s current status because, when a change, extension, or adjustment of status from within the U.S. is done by filing an application or petition with the U.S. Citizenship and Immigration Services (USCIS), CBP does not update its records based on benefit requests with the USCIS.

Common Circumstances When CBP Does Not Issue Electronic I-94

While an individual who enters the U.S. with an immigrant or nonimmigrant visa or advance parole document typically will be issued an electronic I-94, below are some common situations in which the CBP does not issue an electronic I-94.

Automatic Visa Revalidation (AVR)

The CBP typically will not issue an electronic I-94 when an individual enters the U.S. using the automatic visa revalidation process, better known as the contiguous territory rule. This process applies to certain nonimmigrants (those in temporary status) seeking to reenter the U.S. after a brief trip to Mexico or Canada and who do not have a valid visa. The specific requirements are explained in the MurthyDotCom InfoArticle Contiguous Territory Rule Permits Reentry from Canada or Mexico (13.Dec.2021).

Land Border Entries

The CBP often will not generate an electronic I-94 when an individual enters the U.S. at a land border from Canada or Mexico. This includes individuals who enter with a valid visa or advance parole, through the visa waiver program (VWP), or, from Canada, with a valid nonimmigrant petition where a visa might not be required.

Closed-Loop Cruises

Another scenario in which the CBP may not issue an electronic I-94 is for entries following a closed-loop cruise. A closed-loop cruise starts and ends its voyage at the same U.S. port and only travels within the Western Hemisphere, as explained in the MurthyDotCom InfoArticle Immigration Tips Before Taking a Cruise (06.Nov.2023).

Additional Options for Foreign Nationals to Document an Entry

In the absence of an electronic I-94 record, a foreign national may use alternative methods to document entries into the U.S., including:

• The I-94 travel history on the I-94 online system: Even where an electronic I-94 record is not generated, the CBP will often update the travel history.
• Requesting an ink passport stamp at the port of entry: CBP officers still are permitted to stamp passports, though officers might not comply with this request.
• Requesting a CBP officer to generate an I-94 record, either at the time of entry or after entry at a deferred inspection site.

Conclusion

Understanding the situations in which the CBP does not issue an electronic I-94 can help a foreign national proactively gather alternative documentation of the individual’s most recent U.S. entry before the need arises. When such documentation is required, the Murthy Law Firm can help ensure that an individual’s process or application is as complete and fully supported as possible.

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