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Updated on 15.03.2024
It is one thing to be legally allowed to stay in the United States. It is another to prove your legal residence status. We tell you about the current legal situation regarding residence permits in the USA.
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It is one thing to be legally allowed to stay in the United States. It is another thing to prove your legal residence status as a Non-American or a foreign person. We will tell you about the current legal situation regarding residence permits in the USA.
In the Immigration and Nationality Act (INA)Section 264(e) states that any foreign national18 years of age or older must provide proof of legal residence status at the request of the US authorities.
This requirement should definitely be taken into account and the necessary documents should be kept ready. Not least in view of the fact that the US authorities are focusing on enforcing the relevant legislation.
For holders of nonimmigrant visas, proof of legal residence status is usually provided via the so-called I-94 (Arrival / Departure Record). All entry and exit data for Non-Americans, i.e. nonimmigrants, are recorded in the I-94.
When entering the USA, the I-94 data is noted electronically and, if necessary, stamped in the passport. In addition to the name, passport number and date of birth are noted, the status under which the person entered the country is noted. The date of entry and the date on which the person must leave the United States at the latest are also recorded.
The I-94 in paper form is only issued to travelers entering the USA by land (via Canada or Mexico).
Holders of an immigration visa, i.e. Lawful Permanent Residents (LPR), identify themselves with their Permanent Resident Card, which is colloquially referred to as a Green Card.
Officially, this identification document is form I-551.
When entering the country, i.e. at the American airport of entry, travelers to the USA should carefully check the information in the digital I-94 or on the I-94 entry stamp. Errors in the purpose of entry can have fatal consequences. If an error is discovered later, an office of the US Customs and Border Protection (CBP) must be visited in order to arrange for a corresponding correction.
To be on the safe side, always carry a printout of the electronic I-94 entry form with your current travel data with you during your stay in the USA.
A change of address should be sent immediately to the US Citizenship and Immigration Services (USCIS) be passed on.
Persons with foreign nationality, including Green Card holders, are obliged to notify a change of address within 10 days after the move with the USCIS.
This can be done online and free of charge via Form AR-11. In addition to the "Alien's Change of Address Card" application form, the US Immigration Service also provides a form to help you fill in the form and instructions on which address to send the application to.
The regulations under US immigration law are intended to give the US authorities a better overview of foreign nationals residing in the USA.
Although the current law has not yet been fully enforced for every foreign national, foreign nationals in the United States should comply with the law - after all, the actions to be taken are relatively simple.
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