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Visa Waiver Program - I-94 Expiry - Compliance Notification Email

Visa Waiver Program - I-94 Expiry - Compliance Notification Email

Old Mar 8, 18, 12:57 pm
  #1  
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Visa Waiver Program - I-94 Expiry - Compliance Notification Email

My wife has just received an E-mail from US Customs and Border Protection

"U.S. Customs and Border Protection (CBP) hopes you have enjoyed your stay in the United States. As a reminder, temporary visitors must comply with their terms of admission, and depart the United States on or before your admit until date. Our records show your admission will expire within the next 10 days. You can visit https://I94.cbp.dhs.gov for additional information regarding your I-94 (Record of Admission), your admit until date, and other frequently asked questions. You will need your name, date of birth and passport number to access the information."

We flew from Vancouver to Honolulu on 19 December, and returned on 26 December. Accessing the cbp website we can see that the arrival is on both our records, but not the departure. I have been to Seattle since then, and for those trips I can see both arrival and departure records, so I haven't received the same e-mail.

We are concerned that this will affect her ESTA. We have several trips to the USA planned for later this year, and without an ESTA this would be extremely painful,

The CBP website does not say what will happen if she does not depart the USA within 10 days - which she cannot do as she is not in the USA, and it's impossible to get through to a human on the CBP helpline.

Is this just a pro forma, or is it is serious?
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Old Mar 8, 18, 1:08 pm
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Take a look at this thread:
What to do when the I94 form is not returned upon departure from the US?
And specifically at @GUWonder post:
Originally Posted by GUWonder View Post

To minimize the chances of a hassle on some future visit to the US or when seeking US consular services, I would suggest to photocopy the form and your boarding pass, and then, mail in the original form along with a copy of your boarding pass.

I say this because there are still times when the PNR feed to CBP doesn’t get processed properly for some passengers and can result in tracking flaws that mean a problem on later trips for those who may appear to have possibly exceeded their permitted stay rules or to have had a passport mis-use history.
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Old Mar 8, 18, 1:33 pm
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Thanks - but we arrived by air, so there's no paper I-94 issued - it's all electronic. We can see the electronic entry record on the CBP web site, but no departure record.
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Old Mar 8, 18, 3:44 pm
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Canadian citizens are not required to apply for ESTA, is she not Canadian?

Here is an answer for a question from the I94 website about a slightly different situation, however, having proof of her departure from the US in her possession when she travels to the US the next time should help in case that a problem were to arise:
How do I report my departure if I enter via air and depart via land?

If you are not a resident of Canada or Mexico and you receive an electronic I-94 and depart via land, but do not re-enter the United States prior to the expiration date stamped on your passport, you may want to travel with evidence of your departure into Canada or Mexico. Evidence of departure can include, but is not limited to, entry stamps in a passport, transportation tickets, pay stubs and/or other receipts.
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Old Mar 8, 18, 5:13 pm
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We are both UK citizens, temporarily residing in Canada (on a 2 year work visa). I guess we will just take our old boarding passes for the December flight from HNL to YVR with us on next visit to the USA.

It's just worrying to depart by air, when it should all tally electronically, and then find that the system hasn't updated properly. CBP, DHS etc can be difficult, and we want a no-hassle life. Unfortunately when international travel is involved, there always seem to be some issues!
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Old Mar 8, 18, 6:18 pm
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Originally Posted by OldVines View Post
We are both UK citizens, temporarily residing in Canada (on a 2 year work visa). I guess we will just take our old boarding passes for the December flight from HNL to YVR with us on next visit to the USA.

It's just worrying to depart by air, when it should all tally electronically, and then find that the system hasn't updated properly. CBP, DHS etc can be difficult, and we want a no-hassle life. Unfortunately when international travel is involved, there always seem to be some issues!
Are you sure you want to wait until her next visit?

You could submit proof of your wife's departure immediately (printout of airline boarding pass from December 26, photocopy of CBSA entry stamp on her passport, payroll/work records showing presence in Canada post 12/26, bank statement with Canadian ATM activity post 12/26, credit card receipts in Canada post 12/26), together with a brief letter and a copy of the email she received.

That way, you may avoid a difficult inspection the next time your wife tries to enter the US and is required to prove to the CBP officer that she left in time, and risks a refusal of VWP admission, which might trigger a requirement to obtain a US visa for future entries.

If I were her, I'd gather the document copies immediately and FedEx/UPS Express it to to their courier address for processing before any sort of flag is entered (even non-permanently) into the system.

Coleman Data Solutions
3043 Sanitarium Road, Suite 2
Akron, OH 44312
Attn: NIDPS (I-94)

And, of course, she should also bring along another copy of that packet, along with FedEx proof of delivery, the next time she tries to enter the US.

Edited to add:

Immigration Practice, 15th edition, page 7-84:

CBP no longer collects I-94 records from travelers departing by carrier, instead relying on APIS to match the departing carrier's data with the I-94 record of the prior admission or parole. It is not clear how CBP will be sure it has properly matched those two, since the departure information will lack the critical I-94 number assigned by CBP's system upon admission or parole. ...

Prudent travelers ... will continue to retain independent proof of departure, including travel records, should be prepared to present that evidence in seeking future admission if accused of a past overstay, and may wish proactively to send CBP proof of departure ....

Last edited by Newbie2FT; Mar 8, 18 at 6:49 pm Reason: adding quote
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Old Mar 9, 18, 9:48 am
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Originally Posted by OldVines View Post
It's just worrying to depart by air, when it should all tally electronically, and then find that the system hasn't updated properly.
I haven't had an email from CBP yet, but I find that records on the I94 can be very unreliable. My last 3 departures from 2017 show location as "Unavailable", and I also had this in the early 2017 [after one, corresponding arrival]



[I flew out of PHL on the 22nd]

Also, they use city codes, rather than airports, but then identify [or at least used to do on the previous version of the website] them as the airport ones [entered US in Vancouver, logged as VCV - Victorville, CA]
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Old Mar 9, 18, 11:40 am
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If it were me I wouldn't worry. If you look at your I-94 record online there's a note that incomplete or incorrect information requires no corrective action on your part. I'm a UK citizen Canadian PR and I have missing departures from the US as well.

Technically a departure to Canada does not constitute an 'exit' from the United States anyway, and your I-94W remains valid and live for that very reason. It's a quirk of US legislation, but they know full well that there are many VWP eligible travellers resident in Canada and I'm sure CBP officers see this numerous times a day.
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Old Mar 9, 18, 1:40 pm
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Originally Posted by Skatering View Post
<snip>
Technically a departure to Canada does not constitute an 'exit' from the United States anyway, and your I-94W remains valid and live for that very reason. It's a quirk of US legislation, but they know full well that there are many VWP eligible travellers resident in Canada and I'm sure CBP officers see this numerous times a day.
Just to clarify, a departure to Canada, Mexico, or any other country is an exit from the United States.

What you may be referring to is that federal regulations allow a VWP alien who leaves the US for Canada, Mexico, and the Caribbean to be readmitted to the US for the remainder of the original VWP 90 day admission period.

An alien admitted to the United States under this part may be readmitted to the United States after a departure to foreign contiguous territory or adjacent island for the balance of his or her original Visa Waiver Pilot Program admission period if he or she is otherwise admissible and meets all the conditions
Keep in mind, though, the complicating factors:

  1. Neither the regulations nor the CBP manuals require CBP officers to allow the VWP alien to re-enter from Canada, Mexico, or the Caribbean for the remainder of the original VWP period.

    Here's a pertinent example of what this means: You mentioned the VWP travelers living in Canada. If a CBP officer senses that a VWP alien is abusing the readmission process, he could deny the alien readmission, and require a new admission inspection (which could easily lead to denial in that case, and the need to acquire a US visa for future visits to the US).
  2. The VWP alien may hand in the I-94W to Canadian border officers or CBP officers at the Canada or Mexico border, effectively ending the VWP authorized stay -- and giving him/her the opportunity to request a new admission with a fresh VWP 90 day admission period upon the next entry to the US.
  3. Even if the VWP alien has an I-94W with time remaining in the stay, he/she can still request a new admission and a fresh 90 day admission period, which can be granted at the discretion of the CBP officer.
  4. If the VWP alien's 90 day period expires while he/she is in Canada, Mexico, or the Caribbean, it would be necessary to apply for a new admission with a fresh 90 day admission period upon return to the US.

Sources:

former Inspector's Field Manual (FOIA PDF part 4, pages 3-4):

Aliens admitted under the VWP may be readmitted to the U.S. after a departure to foreign contiguous territory or adjacent islands for the balance of their original admission period, . . . in accordance with 8 CFR 217.3(b). The inspecting officers also have the discretion to grant the applicants entirely new periods of admission, providing they are arriving on signatory carriers.

IFM (PDF part 4, page 4):
If the alien needs to stay in the U.S. for longer than the original period of admission, the officer can consider granting another 90-day period of admission, provided the alien meets the requisite criteria. These cases are considered new admissions.

IFM (PDF part 4, page 5):
Officers must treat those aliens applying for entry after expiration of the original admission period as applicants for entirely new admission.

Last edited by Newbie2FT; Mar 9, 18 at 2:07 pm Reason: bulleting, more info, formatting
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Old Mar 10, 18, 11:12 am
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You can probably drop your I-94 at YVR preclearance or let the officer at the NEXUS office know that you already left.
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