The I-94 Paper Trail

In 2019, the USCIS determined that “foreign visitors to the U.S. arriving via air or sea no longer need to complete paper Customs and Border Protection Form I-94” in favor of an online system.  This online system has it advantages – it streamlines the customs process, facilitates security and saves the federal government millions of dollars a year.  Customs and Border Patrol now gathers all traveler information from carrier manifests and automatically updates the electronic travel records.

CBP no longer issues paper I-94s and now encourages all travelers to use the CBP One Mobile App or the CBP website to obtain their I-94 record.  However, as Michael Scott once said, “Real business is done on paper.  Write that down.”  Using the app is a great way to save time and streamline the customs process, but all foreign visitors should have access to a paper copy of their I-94.  Phones can die, or get lost, or destroyed.

All travelers can print their own paper I-94 from the official I-94 website

https://I94.cbp.dhs.gov

and selecting “Get Most Recent I-94.”  This option is also available from the CBP One Mobile App.

Any foreign visitor or traveler may need to show their I-94 to verify their status or get employment authorization.  It is ALWAYS a good idea to have a paper copy on hand.  Never travel without it!

Tax Returns and The Path to Citizenship

The path to citizenship, or naturalization, for a permanent resident can be confusing and fraught with pitfalls.  The United States Citizenship and Immigration Services (USCIS) spells out a laundry list of requirements for permanent resident cardholders who seek to become United States citizens.  Sometimes, however, the “devil is in the details.”

The first, and most important, requirement for eligibility is the “continuous residency” requirement.  An individual who is seeking naturalization NOT through marriage to a current US citizen must attest that they have not been outside of the United States for 30 months or more in the five years preceeding their application.  So, the individual must have been physically present in the United States for more than half of the five year eligibility period (31 out of 60 months).  This residency requirement is relatively easy to prove through official immigration documents (passport, visas, etc).  But what happens when another official government document tells another story?

Sometimes, permanent residents who work for large international corporations may file their tax returns stating that they spend the majority of each tax year outside the United States.  This presents a very serious problem when submitting a naturalization application.  When a federal tax return and a federal immigration record present different facts, only one outcome is certain – the naturalization application will not be approved.  In this scenario, it is helpful to consult with an experienced immigration attorney who can review all documents and present options to the client.  Naturalization is a long and expensive process, and our firm is ready to assist with document review and explanation of the various options to anyone who would like to become a United States citizen.