What is an Arrival-Departure Document and Why Do I Need One?
An INS Form I-94 (Arrival-Departure Record) or Form I-95 (Crewman's Landing Permit) shows the date you arrived in the United States and the "Admitted Until" date, the date when your authorized period of stay expires. You will receive an INS Form I-94 or I-95 from an INS inspector when arriving in the United States at a land border port-of-entry or from an airline or ship representative when arriving at an air or sea port-of-entry by aircraft or ship. The form must be completed and presented to an INS inspector who may ask you questions about the purpose of your trip, how long you will be in the United States, and your residence abroad. When you leave the country, you should give the INS Form I-94 or I-95 to your airline or ship representative, or, if you are departing over a land border, give it to a Mexican or Canadian immigration inspector. An INS Form I-94 or I-95 that has been approved by an INS inspector can prove that you arrived in the country legally and that you have not stayed beyond the period of stay authorized. In addition, turning in INS Form I-94 or I-95 to the proper authorities when you leave the country can prove that you did not violate U.S. laws by staying in the country too long. Proof that you are willing to obey U.S. immigration laws will be very important if you again want to travel to the U.S. as an immigrant or nonimmigrant in the future.

You will need to replace your INS Form I-94 (Arrival - Departure Record) or INS Form I-95 (Crewman's Landing Permit) if it was lost, stolen, or mutilated. If you are applying for an extension of stay or change of status, you will also need to be issued an INS Form I-94 or I-95 if you were not issued one of these documents when you entered the country.

Canadians who travel to the United States as tourists or on business generally do not need an INS Form I-94. Also, certain Mexicans who have a nonresident alien Mexican border crossing card (commonly known as a laser visa), or a multiple-entry nonimmigrant visa may not need an INS Form I-94. Please refer to the Code of Federal Regulations at 8 CFR § 235 for more specific eligibility information.

What Does the Law Say?
The Immigration and Nationality Act (INA) governs the admission of all people to the United States. For the part of the law concerning the admissions to the United States, please see INA § 203 and INA § 214. The applicable regulations are found in the Code of Federal Regulations (CFR) at 8 CFR § 231, 8 CFR § 235, and 8 CFR 264.

How Do I Apply to Get a New Nonimmigrant Arrival - Departure Document?
If you are applying to replace a lost, stolen, or mutilated INS Form I-94 (Arrival-Departure Record) or Form I-95 (Crewman's Landing Permit), you must file INS Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival - Departure Document). If the INS Form I-94 or Form I-95 is mutilated, attach the original form. If the INS Form I-94 or INS Form I-95 was lost or stolen, submit a copy of the original INS Form I-94. If you do not have a copy of your original INS Form I-94, please submit a copy of the biographic/photo page from your passport and a copy of the passport page that was stamped by immigration inspectors when you entered the country. If you cannot submit any evidence of your legal admission to the United States, please submit a full explanation and proof of your identity.

If you are applying to extend your stay in the United States or change your immigration status, you will be asked to give INS your Form I-94. If you were not given an INS Form I-94 when you were legally admitted to the United States, please file INS Form I-102. You will need to give INS proof that you were legally admitted to the United States. You should file INS Form I-102 at the same time that you apply to extend your stay in the United States or change your immigration status.

Forms are available by calling 1-800-870-3676, or by submitting a request through this system by submitting a request through our forms by mail system. After receiving INS Form I-102, read it carefully and note the documentation that must be submitted. Detailed information is provided in the accompanying instructions for INS Form I-102. For further information on filing fees, please see INS filing fees, fee waiver request procedures, and the INS fee waiver policy memo.

Where Should I Send My Application?
If you are applying to replace a lost, stolen, or mutilated INS Form I-95 (Crewman's Landing Permit), please file INS Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document) at the local INS office serving the area where you are temporarily located.

If you are applying to extend your stay in the United States or change your immigration status, please file INS Form I-102 at the same local office that is handling your extension of stay or change of status application.

In all other instances, file INS Form I-102 at the appropriate INS Regional Service Center. For more information, please see our INS Field Offices home page.

How Can I Find Out the Status of My Application?
To check the status of your application, please contact the INS office that received your application. You should be prepared to provide the INS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Please click here for more information on INS offices.

How Can I Appeal?
If your application for a replacement arrival-departure document is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider their decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or INS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. For more information, please see How Do I Appeal the Denial of Petition or Application?.

Can Anyone Help Me?
If advice is needed, you may contact the INS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you. Please see our INS field offices home page for more information on contacting INS offices. In addition, please see our Webpage that provides information on free legal advice.

Frequently Asked Questions [FAQs]
Do you want further information? Click here for Frequently Asked Questions on employment based immigration.

The above information has been obtained from INS and was last modified on 06/26/2002