One More Form
-Sudhir Shah, Advocate, Mumbai

Indians, who are not Green Card holders of America, when they enter USA, with any type of Non-immigrant visas, are required to complete and submit Form I-94 which is an Arrival Departure Record. Rectangular in shape, Form I-94, is printed on both the sides. Front side is required to be filled in by the Indian seeking entry into USA. It is divided into two parts. The first part consists of thirteen boxes and is the Arrival Record. Second part which consists of only four boxes is the Departure Record. The back portion is for Government use where, if necessary, the immigration officer notes his observations based upon the primary inspection of the applicant and if he has refused the entry then the reason for the same. If a secondary inspection is taken by the officer his observations concerning the same are also noted therein. At the bottom of this page important instructions are given which hardly any Indian reads. It says that the Indian must keep that form in there possession whilst in USA and surrender it whilst leaving USA. Failure to do, may delay there entry into USA in future. The instructions clearly warn Indians that they are authorized to stay in USA only until the date written on that form and if they desire to remain beyond that period, without the permission from the immigration officer it is a violation of the law.

The Arrival record requires an Indian to give his family name, which we call, surname, his first name, birth date, country of citizenship, sex, passport no., airline and flight number. If he is entering USA by land, in box No.11 he should state “Land” and if entering by Ship he should state “Sea”. He must then state the name of the country, where he lives, the city where he boarded the flight to travel to USA, city where USA visa was issued to him and the date when they were issued. Box No.12 and 13 require an Indian to state the address where he should be staying whilst in USA. If the Indian is to visit more than one city or state and reside at different places he may state the address in the city from which he is entering USA. The Departure record asks the Indian his family name or surname, first name, birth date, and citizenship.

The Immigration Officer tears this form and staples the Departure Record on the Indian’s passport but before doing so he enquires with the Indian as to how long he intends to stay in USA and for what purpose. The officer thereafter in his discreation puts the date till which the Indian can stay in USA. An Indian with a non immigrant business/tourist visa whose signs are B-1/B-2 respectively can stay in USA for an aggregate period of one year only. However the Immigration officer is authorized to permit him to stay in USA for a maximum period of 6 months only. Beyond that, if required, the Indian may obtain extension by submitting form I-539 to the USCIS Service Center in whose jurisdiction he may reside.

Few years ago Immigration officer as a routine used to permit Indians to stay in USA for the maximum duration of 6 months, which they could permit. However since September 11,2001, the regulations and the attitude has changed and now, depending upon the purpose of the Indian, the Immigration Officer decides as to till what period he should be allowed to stay in USA. This could be from 1 day to 6 months. Many applicants of B-1/B-2 visas, whilst applying for the visa in Box No. 26 of Form DS-156 state a particular minimum period but whilst entering USA request the Immigration Officer to allow them to stay longer period or the maximum period of 6 months. Indians who intend to do so should know that Form DS-156, submitted by them in the home country to the USA consulate whilst applying for the visa, is immediately available for viewing by the Immigration officer and if he finds any discrepancy in the period of stay, he may doubt the bonafide of the Indian, and may deny him an entry into USA.