Walker-Huntington

Q: I am a regular listener to your radio show, 'Your Legal Corner'. I must say you are doing a great job helping us Jamaicans at home and abroad.

I heard that you gave an address to callers who did not bother to fill out a form when they should have because customs did not ask for it when travelling back and forth from the United States (US) and Jamaica.

You gave them this precaution so that they would not run into any suspicions or trouble when they go to renew their visas. You also said something about copying the passport and fill out this form and mail it to a specific address, I would like to have this address too.

Thanks so much and keep up the good work.

- MM

A: All temporary visitors to the United States are required to complete a US immigration form upon entry into the country - Form I-94. After a visitor has been granted permission to enter the United States, the immigration form I-94 is torn at the perforation and the smaller of the two pieces is given to the visitor. This form I-94 has written on it, among other things, how long the visitor is allowed to remain in the US.

Upon departing the US, all visitors are required to surrender the I-94 to the airline ticket agent. Form I-94 is to be automatically taken from the travellers' passport by the airline ticket agent. The airlines turn over all I-94s collected to the Department of Homeland Security for processing.

Occasionally, airline ticket agents neglect to collect the I-94 and the visitors return to their homes with it still in their passports. When this occurs, Homeland Security has no knowledge that the visitor has, in fact, left the United States. The burden now falls upon the visitor to advise Homeland Security that he or she returned home and did not remain in the US for an extended period, or beyond the time permitted.

The I-94, along with a copy of the visitor's passport - with their home country's landed stamp, airline boarding pass for the return trip, and any and all proof that the visitor has been home, should be sent by registered mail to:

ACS-CBP SBU

1084 South Laurel Road,

London,

Kentucky

40744

Proof can include, but is not limited to, pay stubs, receipts, and bank transactions.

The visitor should keep a copy of the package that is sent to the United States Citizenship and Immigration Services and travel with it on their next visit to the US. The package should also be taken to the US Embassy when the person is applying to renew his or her non-immigrant visa. The package should be viewed as insurance and only be presented if there are any questions about how long the person stayed in the United States during a visit.

Be sure to check your passport before you board the plane when you are returning home from a visit to the United States. It just may preserve your ability to continue travelling to the United States.

Dahlia A. Walker-Huntington, a Jamaican-American attorney, practises in Florida in the areas of immigration, family, corporate and personal-injury law. Email: feedback and questions to info@walkerhuntington.com.