Chapter 1 - Purpose and Background

us-uscis-policy-manual-volume-11-part-f-chapter-1Chapter 1 - Purpose and BackgroundGuidance

A. Purpose and Background

DHS issues an Arrival/Departure Record (Form I-94) to certain non-resident aliens upon their arrival in the United States or when they change status or extend their stay in the United States.[1] DHS uses Form I-94 to document arrival and departure and provide evidence of the terms of admission or parole. While some aliens are still issued a paper Form I-94, many are not; instead, U.S. Customs and Border Protection (CBP) creates an electronic Form I-94 record.[2]

B. Legal Authorities

  • 8 CFR 1.4 - Definition of Form I-94
  • 8 CFR 264.6 - Application for a nonimmigrant arrival-departure record

Footnotes


[^ 1] In addition, the USCIS Asylum Division issues Form I-94 to persons granted asylum at an asylum office. In certain circumstances, USCIS also issues Form I-94 as temporary evidence of a Permanent Resident Card (Form I-551) to persons granted lawful permanent resident (LPR) status. Asylees and those who have Form I-94 as a temporary Form I-551 cannot use the Application for Replacement/Initial Nonimmigrant Arrival-Departure Document (Form I-102) to replace a lost, mutilated, or destroyed Form I-94. Instead, they must contact a USCIS field office or the asylum office with jurisdiction over their current residence to obtain a replacement or corrected Form I-94. Those who obtained derivative asylee status through a Refugee/Asylee Relative Petition (Form I-730) may file a Form I-102 to obtain a replacement or corrected Form I-94.

[^ 2] Before April 30, 2013, CBP issued aliens admitted or paroled at an airport or seaport a paper Form I-94. On April 30, 2013, CBP automated the I-94 process to create an electronic Form I-94 for an alien arriving at an airport or seaport.

Resources

Legal Authorities

8 CFR 1.4 - Definition of Form I-94

8 CFR 264.6 - Application for a nonimmigrant arrival-departure record

Appendices

No appendices available at this time.

Updates

Technical Update - Replacing the Term "Noncitizen"

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

Technical Update - Incorporating Existing Guidance into the Policy Manual

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapter 30.4 of the AFM, related appendices, and policy memoranda.

Technical Update - Replacing the Term “Alien”

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

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