Where Can Your Passport Take You?

For those who have travelled to the US and are non-US citizens, it is important to know that the US government keeps a record of your entry and exit dates. This is done through Form I-94, an electronic or paper document issued by a US Customs and Border Protection (CBP) Officer to non-US lawful permanent residents upon arrival in the country. This form is required when leaving the US, as it allows the government to track your departure date and ensure you have not overstayed your visa. Additionally, the US Customs and Border Protection (USCBP) maintains a record of all non-residents who have travelled to the US in the past 5 years, including the reasons for their travel and previous visit dates. This travel history can be easily accessed online and is necessary for preparing US tax documents and determining tax residency status.

US travel history can be checked online

The US tracks the travel history of all non-residents entering the country, recording reasons for the trip, frequency, and dates of previous visits. This information is now available online, making it easier for travellers to access their records.

The U.S. Customs and Border Protection (USCBP) has a webpage where non-immigrant visitors can view their international arrival and departure records from the last five years. Previously, non-immigrants had to file Freedom of Information Act (FOIA) requests to access their travel records. Now, travellers can view the data themselves, including the ports and flights used for entering and exiting the US.

To access your US travel history online, you will need to provide some basic information: your full name (first and last) and country of citizenship. It is also useful to have your passport details to hand, including the number and country of issuance, as shown on the passport.

• Visit the U.S. Customs and Border Protection homepage and select the "Need a History of Your Arrivals & Departures?" option.
• Provide your consent by selecting "consent and continue" after reading the security notification.
• Input your personal information, including your full name and country of citizenship. You may also be asked for your passport details.
• View your travel history, which should include arrival and departure dates, as well as entry and exit ports.
• Review the information and contact the USCBP if you notice any inaccuracies or missing data.
• Print the information for your personal records, if required.

While the information on the USCBP webpage is not considered official, it can be useful for getting an overview of your travel history and determining the requirements for your visa application or travel plans.

USCBP keeps a record of non-residents' travel to the US

The US Customs and Border Protection (USCBP) keeps a record of non-residents' travel to the US. This includes the dates of entry and exit, the reason for travel, and the dates of previous visits. This information is necessary for non-citizens to prepare their US tax documents and to determine their US tax residency status. It is also required for applications for visas, Green Cards, and tax returns.

The USCBP's Form I-94 Arrival/Departure record is issued to foreign nationals entering the US and is used to track their departure date and ensure they do not overstay their visa. This form can be accessed online via the USCBP website, where individuals can view and print their travel history. To access this information, individuals need to provide their full name, date of birth, and passport number.

It is important for non-residents to keep accurate records of their travel history to and from the US. This includes all visits, even short ones, as they are used to count the days of presence in the US and determine residency status. The complete history of visits, including those as a student, trainee, or tourist, is considered when determining residency.

In cases where individuals cannot remember or locate exact entry and exit dates, they can enter approximate dates. Additionally, if an individual has changed their passport, they will need their old passport number(s) to check their full visit history. This information is crucial for maintaining legal status and complying with tax obligations when travelling to or residing in the United States as a non-resident.

US entry and exit dates

The US Customs and Border Protection (USCBP) keeps a record of all non-residents who have travelled to the US in the past 5 years. This includes the dates of previous visits, reasons for travel, and other information. This information is important for visa applications, Green Card applications, and filing a 1040NR tax return.

To access your US travel history online, you will need:

• Your first and last name
• Your date of birth
• Your passport number
• Your country of citizenship

Once you have this information, you can follow these steps:

• Go to the US Customs and Border Protection (USCBP) homepage.
• Click on "Need history of your travel and departures".
• Click on "Consent & Continue" when the Security page pops up.
• Enter your personal information, such as name, date of birth, and passport number.
• On the next page, you will be able to see and print your travel history.

If you need a paper record of your entry and exit dates, you can print your Form I-94 from the I-94 website or using the CBP One™ mobile app. Form I-94 is an electronic or paper document that is issued by a US Customs and Border Protection (CBP) Officer to foreign nationals who enter the US. It is important to know that you need it when you are leaving the US, as this is how the government keeps track of your departure date and ensures you do not overstay your visa.

The substantial presence test

To meet the substantial presence test, you must be physically present in the United States on at least 31 days during the current year and 183 days during the 3-year period, including the current year and the two years immediately before that. This means counting all the days you were present in the current year, plus one-third of the days you were present in the year before, and one-sixth of the days you were present in the second year before the current year. For example, if you were physically present in the U.S. on 120 days in each of the years 2021, 2022, and 2023, you would count the full 120 days of presence in 2023, 40 days in 2022 (1/3 of 120), and 20 days in 2021 (1/6 of 120). Since the total for the 3-year period is 180 days, you would not be considered a resident under the substantial presence test for 2023.

It is important to note that there are exceptions to the days counted as presence in the United States for the substantial presence test. These include days commuted to work in the U.S. from Canada or Mexico, days spent in transit in the U.S. for less than 24 hours, and days spent in the U.S. as a crew member of a foreign vessel, among others. Additionally, certain individuals are considered "exempt," such as foreign government-related individuals under an "A" or "G" visa, teachers or trainees under a "J" or "Q" visa, and students under an "F," "J," "M," or "Q" visa.

Determining US tax residency status

In the US tax system, foreign nationals are classified as either 'non-residents for tax purposes' or 'residents for tax purposes'. This classification is important as it determines how much tax one must pay while in the US.

If you are a US citizen, you are automatically considered a 'resident for tax purposes'. If you are not a US citizen, you are considered a 'non-resident for tax purposes' unless you meet the criteria for one of the following tests:

• The "Green Card" Test: You are a 'resident for tax purposes' if you were a legal permanent resident of the United States at any time during the past calendar year. To obtain this status, the US Citizenship and Immigration Services will issue you a green card, also known as an alien registration card (Form I-551).
• The Substantial Presence Test: You are considered a 'resident for tax purposes' if you meet the Substantial Presence Test for the previous calendar year. This test is a calculation used by the Internal Revenue Service (IRS) to determine the tax residency of a foreign individual present in the United States. To meet this test, you must be physically present in the United States for at least:

• 31 days during the current year
• 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
• All the days you were present in the current year
• 1/3 of the days you were present in the first year before the current year
• 1/6 of the days you were present in the second year before the current year

If the total number of days equals 183 or more, you are considered a 'Resident for Tax'. If the total is 182 or fewer, you are considered a 'Nonresident for Tax'.

There are certain exceptions to the Substantial Presence Test:

• F or J students receive 5 "exempt" years. This means that they are not exempt from tax, but they are exempt from counting physical days of presence in the US towards the Substantial Presence Test.
• J Non-Students (including Non-Degree Visiting Students) receive 2 "exempt" years (of the past 6 years).
• "Exempt" years refer to calendar years, not years from the date of arrival. For example, if you arrived on 9/23/2020, 2020 would be counted as one total calendar year, and you would have four calendar years remaining.

In the year of transition between being a nonresident and a resident for tax purposes, you are generally considered a Dual-Status Taxpayer. A Dual-Status Taxpayer files two tax returns for the year—one return for the portion of the year when considered a nonresident, and another for the portion of the year considered a resident.

It is important to note that your federal and state tax residency status may not be the same.

Frequently asked questions