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Old 27-09-2022, 03:10   #1
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Can anyone explain thiis (I-94)

Hi all!

I have a problem with my I-94.

History :
We came into the US mid April.
The I-94 expires mid October.
We left nonstop for Canada late July to be able to renew our Cruising Permit.
While in Canada I called CBP in Providence and they said we would have no
problem with the I-94 when we returned to the US. I have a recording of that phone call.
We raced over from Nova Scotia to Maine as hurricane Fiona was approaching and cleared in via the ROAM-app.
We got 2-mails back with a renewed Cruising Permit and a message saying
"You and your reporting group are now cleared to enter the U.S." but no dates.

At that moment you would think all is well but I had my doubts as no dates where given and when checking the I-94 online the previous date still was stated so I called them and then they told me we had to leave the US by mid October.

So, not only does the information I got when we where in Canada no longer is valid, we can't prolong the allowed stay with the 7 weeks we where outside of the US.

I find this very strange. Imagine the following scenario:
1) You enter the US on day 0 and get an I-94 allowing a stay of 180 days.
2) You leave the day after.
3) you return to the US on day 179 and stay for 2 days.
You have then made an overstay since your I-94 expired the day after you arrived,

Is this really how it works ?
I find this crazy and I ask myself how many are aware of this.

/Hans
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Old 27-09-2022, 05:39   #2
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Re: Can anyone explain thiis (I-94)

Try calling again. You might get a different answer.
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Old 27-09-2022, 05:41   #3
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Re: Can anyone explain thiis (I-94)

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Originally Posted by dcondit View Post
Try calling again. You might get a different answer.
I get different answers every time I call.
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Old 27-09-2022, 06:08   #4
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Re: Can anyone explain thiis (I-94)

If you have not yet, go here: https://i94.cbp.dhs.gov/I94/#/home

Lots of explanations and tools to help you figure out your own status.

But your assumption that the rules are NOT crazy is a bad one to make...
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Old 27-09-2022, 06:25   #5
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Re: Can anyone explain thiis (I-94)

I have spent hours on these pages trying to figure how my status.

For once my I-94 is not correct. Several movements are not stated.

How Much Longer May I Remain in the U.S.?
Answer:
"Your traveler status is not available at this time. If you have not received results, you are not among the eligible travelers for the traveler compliance check at this time."

That don't give much answer.
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Old 27-09-2022, 08:17   #6
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Re: Can anyone explain thiis (I-94)

As I understand, that is exactly how it works ... your I94 has a fixed expiry date, not a fixed amount of time in the USA. Time spent outside the USA is not deducted.

When departing the USA by air, the airline will notify US immigration, and your I94 will be cancelled, and you will have to get re-approved by an immigration officer again to get a new I94 when you return.

But leaving on a private vessel or vehicle, if you do not notify them yourself, then the I94 remains valid ... For some people with a complicated immigration status this is a big advantage since you do not need another visa to get a new I94 to be readmitted to the USA after a short trip to Canada or Mexico. For others like you it causes problems ... You are not the first to get tripped up on this.
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Old 27-09-2022, 09:02   #7
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Re: Can anyone explain thiis (I-94)

This is the same for any traveller. I know a person that did not have their I-94. Cancelled and then got listed as an overstayer , they had a huge hell of a job getting it rectified
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Old 27-09-2022, 10:19   #8
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Re: Can anyone explain thiis (I-94)

Why would you need an I94? Its no longer required
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Old 27-09-2022, 10:44   #9
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Re: Can anyone explain thiis (I-94)

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Why would you need an I94? Its no longer required


That’s only for commercial Air and sea where advanced passenger info has been provided.
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Old 27-09-2022, 10:53   #10
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Re: Can anyone explain thiis (I-94)

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That’s only for commercial Air and sea where advanced passenger info has been provided.
I don't see anything about commercial:

Arrival/Departure Forms: I-94 and I-94W
Foreign visitors to the U.S. arriving via air or sea no longer need to complete paper Customs and Border Protection Form I-94 Arrival/Departure Record or Form I-94W Nonimmigrant Visa Waiver Arrival/Departure Record. Those who need to prove their legal-visitor status—to employers, schools/universities or government agencies—can access their CBP arrival/departure record information online. CBP now gathers travelers’ arrival/departure information automatically from their electronic travel records.

Having said that I've crossed many times and never have I had to fill out an I94 nor been asked about one... But The U.S. is full of contradictory information! When I went south in 2017 the CBP swore that there was no such thing as a "cruising license" took me ALL day of calling to find someone who knew what it was and what was required! Arriving in Canada is soo much simpler just 1 800 number to call and its done, easy!
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Old 27-09-2022, 11:12   #11
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Re: Can anyone explain thiis (I-94)

Quote:
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Arrival/Departure Forms: I-94 and I-94W
Foreign visitors to the U.S. arriving via air or sea no longer need to complete paper Customs and Border Protection Form I-94
The key word here is "paper" ... you still get an I94, it's just all done electronically out of your sight.
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Old 27-09-2022, 11:16   #12
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Re: Can anyone explain thiis (I-94)

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Originally Posted by Kelkara View Post
The key word here is "paper" ... you still get an I94, it's just all done electronically out of your sight.
Good point... Its still there. Funny thing is I just looked up my "i-94" history which is supposed to be for 10 years back... Completely blank despite the fact I have 30+ trips to the US between 2015 and today.
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