New York Lawyer's Legal Updates

Updates On USCIS Forms I-94 And G-28

Author: Visa Attorney Alena Shautsova

USCIS published new rules regarding I-94 departure/arrival form. This form is primary evidence of one’s inspection and admission into the country. If the person has lost it and is unable to restore it, the person loses ability to prove that when entering the country he/she went through the point of entry and was in fact admitted in by the CBP officer.

So far, the I-94 form has been a paper document that an arriving alien would have to fill out before crossing the border. The form asked for the person’s correct name and date of birth.

According to the new rule, most arriving aliens will no longer need to submit a paper I-94 form using instead its electronic version. However, those who are subjected to a secondary inspection, asylees for example, still will be required to fill out paper I-94.

At the same time, many State agencies will still require a non-citizen to present a paper I-94 form: like office of social security administration or department of motor vehicles. It seems that the new format is the first step towards global automation of the U.S. immigration system.

USCIS announced changes to another very popular form: G-28 form notice of appearance by an attorney or representative. USCIS will not accept prior versions of the form after May 26, 2013. The new form will require an attorney to complete a separate G-28 for each form or petition the attorney is filing on behalf of the client. For more information visit: www.uscis.gov/g-28.

30 March 2013
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