What you need to know about CBP Stampless I-94 Entry Program
As of April 2022, the U.S. Customs and Border Protection agency implemented a new program called “Simplified Arrival” at all 238 arriving airports, at 34 seaports, and at all southern pedestrian and most northern secondary land ports. The goal of the program is to streamline and digitize the legal entry process.
Simplified Arrival is an enhanced international arrival process that uses facial recognition technology to record the entry and exit of non-U.S. citizens. It automates the manual document checks that are already required for admission into the United States. In addition, foreign travelers who have traveled to the United States previously may no longer need to provide fingerprints, as their identity will be confirmed through the touchless facial biometric process.
As part of the Simplified Arrival program, CBP implemented in August 2022, a pilot program called “Stampless Entry” to eliminate ink stamps in passports at entry.
At a Liaison Meeting with the American Immigration Lawyers Association in October 2022, CBP indicated that officers can continue to stamp passports upon request.
If you are a non-immigrant, it is always a good practice to go to CBP’s website and download your I-94 from CBP’s online system as well as check your I-94 history, each time you enter the United States. If you notice any discrepancies, you need to promptly take action to make any necessary corrections through CBP’s Deferred Inspection sites.
As of March 2022, all current I-94s and history for land entries are now entered into the I-94 online system, and CBP has stopped issuing paper I-94s altogether.
With the stampless entry, it may be more challenging for nonimmigrant visa holders to prove that they have maintained status or to appropriately document entries to the U.S.
The CBP I-94 online system is not always accurate, and an accurate record of international travel can be helpful, for example, for tax purposes to show “residence” or for U.S. permanent residents to document their arrival to the U.S. after a trip abroad.
Additionally, the Social Security Agency and state DMVs often ask to see the admission ink stamp to verify status, and it remains to be seen how these agencies will shift to solely relying on the I-94 for proof of legal entry.
As a practical matter, Lawful Permanent Residents (LPR) need to be particularly vigilant in documenting their residence in the U.S. The CPB I-94 online system does not track entries of LPRs and it may become an issue at the naturalization stage where LPRs have the burden of proof for documenting absences and the requisite residence in the U.S. As practical advice, LPRs may request an ink stamp upon each admission to the United States. In addition to that, LPRs should keep good records of their international travel, such as flight itineraries and tickets, hotel reservations, and travel-related receipts.
Contact our office if you need assistance with your immigration case.