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Form I-94 arrival-departure record for U.S. visitors

Forms I-94 and I-94W (for nonimmigrants with a visa waiver) record the arrival and departure dates of people visiting the U.S.

Who needs an I-94 form?

Everyone entering the U.S. needs an I-94 or I-94W form except:

• American citizens
• Returning resident aliens
• Non-U.S. citizens with immigrant visas
• Most Canadian citizens who are visiting or in transit

How to apply for or see your current Form I-94

Customs and Border Protection (CBP) typically issues Form I-94 electronically. 

• If you are traveling by air or sea, a Customs and Border Protection officer will issue you an electronic I-94 at your point of entry during the admission process. 
• If you are traveling by land, you can apply for an I-94 in person at your point of entry. Or you can apply within 7 days before entering the U.S. through the official I-94 website or the CBP One app . When you do so, you will pay a $6 fee. 

With the CBP One app or I-94 website, you can also:

• See your most recent I-94 form and print it, in case you need your record of legal admission to the U.S. The CBP One app also allows you to have a digital version of your I-94 on your phone.
• Get a history of your arrivals and departures from the U.S. for the last 10 years
• Find out how long you are legally allowed to stay in the US
• Read frequently asked questions about the I-94

Customs and Border Protection (CBP) sends visitors email reminders about their remaining time in the U.S. In addition, it sends notifications to travelers who may have exceeded their admission period.

Departing the U.S. with Form I-94

In most cases, your departure from the U.S. will be recorded electronically, whether you are traveling by air, land, or sea.

Unusual I-94 departure situations

• If your Form I-94 was issued to you on paper, you must give it to the airline or a CBP officer when you depart the U.S. 
• Entry stamps in your passport
• Transportation tickets
• Other receipts

I-94W for travelers under the Visa Waiver Program through ESTA

Citizens of Visa Waiver Program countries must have an approved and current authorization through the Electronic System for Travel Authorization (ESTA) to apply for their I-94W in advance. You can apply through the official I-94 website or the CBP One app .

LAST UPDATED: May 24, 2024

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How do I find travel records for the N-400 application?

Home » How do I find travel records for the N-400 application?

April 20, 2021

Applicants preparing Form N-400, Application for Naturalization , must list each trip outside the United States (in excess of 24 hours). Part 9 of the N-400 application includes a table to list these individual trips.

Generally, you can find your travel history information inside your official passport. Simply review the passport page for date stamps from the various trips. But, in some cases, you may not have your passport or are missing known records.

Personal Travel Records

You may be able to use your personal records to reconstruct travel history. In the absence of “official records” it’s still your duty to estimate the dates of your travel to the best of your ability. Check with relatives you may have visited, review credit card statements, or try to recover old travel records from airline or transportation company frequently flyer statements.

Mistakes on your N-400 application can cause costly delays or a denial.

Foia request for travel records.

If you are unable to locate your travel history records through the methods listed above, you can submit a Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP). Generally, personal FOIA requests are free (if less than 100 pages of photocopies). Be sure to limit your request to the previous five years. You only need five years of history for the purposes of the N-400 application. A more extensive search will take longer and may even result in a photocopy fee (up to $25). A FOIA request will generally take several weeks.

In some instances, you may have traveled across a U.S. border without any records. This can happen at some land border crossings where you were “waved” across by CBP officer. The CBP office did not provide any stamps or documentation. It’s still your responsibility to record these trips on Form N-400 to the best of your ability.

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I-94 Record

Travel in and out of the U.S. is recorded electronically by Customs and Border Protection (CBP) through the I-94 Arrival/Departure Record for all international non-immigrant visitors to the U.S. This important record lists your entry date, port of entry, and visa status in which you were admitted to the U.S. The I-94 record may be required as proof of status for F-1 or J-1 benefits applications, employment verification, and other official purposes.

When you travel through an air or seaport into the U.S., you may or may not  receive an entry stamp in your passport. Your admission information will be recorded in your electronic I-94 record. Students who come through a land border crossing will receive a paper I-94 card. If you receive a paper I-94 card, keep the card stapled in your passport at all times.

How do I access my electronic I-94 record when arriving by plane?

After you arrive in the U.S. by air travel, you should download and save a copy of your electronic I-94 record from the  Customs and Border Protection website . It’s important to check that your electronic travel record is accurate and accessible. Keep the I-94 record with your other immigration documents in your electronic files. New students will need to submit the “Most Recent I-94” to complete the OISS check-in upon arrival to Northwestern. 

How do I obtain my I-94 Record if I arrive by land?

Customs and Border Patrol does not issue an I-94 automatically when you enter the United States by land border. When you travel via airline, the cost of the I-94 is included in the ticket price. When traveling by land, it becomes the traveler's responsibility to request the I-94 be generated and to pay the fee (currently $6). 

To obtain a Form I-94 when entering the U.S. by land:

• Go to  https://i94.cbp.dhs.gov/I94/#/home
• Click on "Apply for New I-94" in in the box titled "Visiting the U.S. & Arriving Via a Land Border or Selected Ferry"
• Complete the required information and pay the I-94 application fee (via PayPal of credit/debit card)
• Please note the I-94 you apply for in this manner is provisional . You will also need to: 1.  Appear at a port of entry within seven days of completing this online application. If you do not appear within seven days or are not issued an I-94 for any reason, there are no refunds. 2.  At the port of entry, submit your biometrics (if required) and complete an interview. 3. Please bring the documents you entered into the application with you to the port of entry. 4.  Be prepared to show evidence of your residence, employment and/or travel plans, if asked by the U.S. Customs and Border Protection (CBP) Officer.

Important Note:

What does d/s stand for.

“D/S”, or “duration of status” will appear on the I-94 record for the “Admit Until Date” line. This means that the individual may remain in the United States as long as they are properly maintaining status and their I-20 (F-1) or DS-2019 (J-1) program end date has not passed. Students on F-1 OPT and J-1 Academic Training are also granted “D/S” because they are still on F-1 or J-1 status during those practical training periods.

How can I correct a mistake on my I-94 record?

Sometimes Customs and Border Protection (CBP) officers make errors in students’ electronic I-94 records. Some errors, especially those regarding visa type or date of expiration, can impact your immigration status.

How to request a correction to  your I-94 record if there is a mistake:

• If your U.S. Port of Entry was Chicago, send an email to  [email protected]
• If your U.S. Port of Entry was somewhere other than Chicago, refer to this CBP Site to find the correct email address for your U.S Port of Entry. You must contact the site where you where you entered the U.S.
• Subject line: I-94 correction request
• Body of message: be sure to include your full name (as listed in your passport) and a clear explanation of the error including date of arrival to U.S. and city/airport of arrival. 
• Attach images of the following: 1)  United States F-1/J-1 visa page from your passport 2)  Passport bio/photo page 3)  Copy of flight itinerary with the airline and flight number for the entry to the U.S. with the error

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Inquiry Response Time

NVC response times to public inquiries continue to be lengthy.  We ask that you make a subsequent inquiry only if you do not receive a response within  our published timeframes .

The U.S. Embassy or Consulate tells NVC which dates they are holding interviews. NVC fills these appointments on a first-in, first-out basis and cannot predict when an interview will be scheduled.

Once complete, your case will remain at NVC until an appointment is scheduled, at which time we will send it to the appropriate U.S. Embassy or Consulate. We will notify the applicant, petitioner, and attorney (if applicable) when an appointment is scheduled.

Case status

For the most up-to-date case status, please log into the  Consular Electronic Application Center (CEAC) .

Last contact date

To update the last contact date for cases actively processing at NVC, please continue to pay fees and submit the required documents by logging into the  Consular Electronic Application Center (CEAC) .

Note: Responses to inquiries through the NVC Public Inquiry form will come from  [email protected] . Please do not send inquiries directly to that address as they will not be received by the National Visa Center. Send all inquiries using the below Public Inquiry Form.

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This will be three letters, followed by ten numbers, For example: ABC2014123456

This is the person who is going to immigrate to the United States. Please enter the name as it appears on his or her passport.

Date of birth must be entered following the (dd/Month/yyyy) format. For example: 01/June/1990.

Please enter the date of birth as it appears on the Principal Applicant's passport. If the passport does not show a day, choose the first of the month. If the passport does not show a month, choose January.

This is the person who is sponsoring the Principal Applicant. Please enter the name as it appears on his or her passport.

Please enter the Attorney of Record's name as it appears on Form G-28.

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How to Obtain a Person’s Travel Records in the U.S.

Recently, we were tasked with trying to obtain records relating to an individual’s entries to and exits from the United States.

I was certain that these records were not considered public record, but the case related to an ongoing criminal defense matter in federal court, so obtaining a subpoena was not an issue.

[Crib Notes: You can obtain your own records through the FOIA or through a subpoena. There is no other way to do it.]

Early on in the research, I found information on the U.S. Department of State website relating to  obtaining copies of passport records . Upon closer inspection, however, I determined that “passport records” with the Department of State do not include “evidence of travel such as entrance/exit stamps, visas, residence permits.”

While this may be useful in other cases, in this particular matter, I needed information relating to travels in and out of the United States—not just when the passport was issued.

After hours of research and telephone calls with a number of contacts and sources, I was able to get some more details on how to subpoena records relating to entries to and exits from the United States.

Border crossing records

Officially, the term is “border crossing records.” These records include any entries or departures by ground, sea, or air from the United States, and are housed in the U.S. Customs and Border Protection.

Sources indicated that border crossing records dating back 75 years are available through U.S. Customs and Border Protection.

TECS and BCI

There are two separate databases that can provide access to border crossing information: TECS and BCI.

TECS is the principal system used by U.S. Customs officers to assist with screening and determinations regarding the admissibility of arriving persons. TECS can also be accessed by law enforcement personnel. In addition to information relating to entries and departures, TECS also includes information such as wants and warrants and terrorist watchlists.

The Border Crossing Information (BCI) database is described as a “subset” of the TECS database; it is for information relating to requests from persons other than law enforcement officials, including FOIA requests.

Individuals can access information about themselves through the FOIA  to the U.S. Customs and Border Protection.

Where to issue a subpoena?

For legal matters, border crossing information can be subpoenaed through the  20 regional operations offices , using the one that is closest to the court case at hand. (A subpoena can also be issued to the headquarters in D.C., but it would be forwarded to the closest regional office, which would add time to the process.)

What to expect …

I spoke to a representative of the regional office that was closest to the case we were working on, who provided the information outlined below. Keep in mind, each of the regional offices may operate differently, and I would strongly recommend speaking to someone in the legal department of the local regional office before obtaining a subpoena.

That person indicated that the subpoena should reference “border crossing records” and indicate the specific time period for which the border crossing records are needed.

Most subpoenas typically request two to five years of travel information. The representative was not clear if border crossing information was available for individuals who traveled into and out of the United States on a non-U.S. passport and was not clear how far back the records went; however, other sources indicated that U.S. Customs and Border Protection has 75 years’ worth of records.

In the subpoena, you should include information relating to the name of the person in question, their date of birth, and their passport number (if available).

The representative also suggested sending a copy of the criminal complaint with the subpoena or, alternatively, the case number so they could research the case themselves. I was told that they would respond to either a subpoena ordered by the court (“so ordered”) or a subpoena sent by an attorney, but that a subpoena ordered by the court would receive less scrutiny.

Once the subpoena is received and goes through the intake process, it will be assigned to an attorney in the office and will be responded to in due time. Typically, it takes a few weeks to respond.

The regional office that I contacted only accepted subpoenas by mail or certified mail; it did not accept personal service.

Also, the representative warned that the U.S. attorney assigned to the case would “probably” get notified of the request.

In closing …

So there you have it. Google didn’t help me clear up how to proceed when I was looking, but hopefully this information can be useful to someone else.

Are you in the investigation / security business?: Yes No

Great article. I am trying to navigate this process right now. I have dates the individual entered and exited via a copy of their passport (still wanting a full list as it seems the individual did not receive a stamp each and every crossing), but if I need to find out what airline the individual traveled on, do you know if any agency maintains this information or will I have to do like Scott and do a blanket subpoena?

Ultimately, I want to figure out what day the ticket was booked, as it will shed a lot of light on the purpose of the trip.

I don’t know the answer to that, John. My guess is that you are going to have to contact the airlines individually though.

Thank you for this excellent article Brian, and very useful. I have obtained records for a deceased person (FOIA through the DC headquarters) but now we have to obtain the CBP records of a living person, who is a party to the case, and the question of whether this person will be notified of our subpoena is pretty crucial. 5 months later, what did happen in your situation? Was the party notified? Thanks and best, ew

Thanks for your comment Emmanuelle. Frankly, I do not know if the other side was told. I was told by a person in the U.S. Customs and Border Protection Office that the U.S. Attorney assigned to the case would be notified, so my guess is that while the person will not be notified, somebody probably will. Wish I could provide a more concrete answer, but unfortunately I can’t.

Question for you – since the person was deceased, you did not have to have permission and only needed a FOIA?

Yes, I only needed a FOIA but now we’re trying to obtain travel records for his spouse, who is very much alive… I followed your advice and contacted the regional branch of CBP and the senior attorney there called me back right away. What a difference it makes with contacting CBP in DC! That attorney told me that the individual is usually contacted, but that they review each case individually.

As an aside, I found that CBP treated by FOIA pretty quickly. The US State Department passport office has been much more difficult, though, denying requests, asking for additional documents etc. Keep blogging and rocking, EW

Great tips Emmanuelle. I would have never guessed that you could get travel records with a FOIA.

Once again Brian, you’ve outdone yourself. I wanted to add in local travel, I have in the past, gone to LAX and made a list of every airline licensed there. I then proceeded to write what I call a “blanket subpoena” – 40 plus (SDT) subpoena duces tecum for every airline. At the end of it all, we received 40 some responses saying “No Record” and one with a list of flights. It is long and tedious, but when you have little information, it works.

Always a pleasure reading your stuff, Brian.

That sounds like a lot of work Scott; but like you said, when you’ve got little to work with, you’ve got to get creative.

This may come in very handy, and it’s also a salutary antidote to the widespread misconception that all you need is Google. Thank you.

Thanks for the comment Oliver. Google’s mantra is “organizing the worlds information”; sooner or later they may organize it all, but they are not there just yet.

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DHS/ALL/PIA-067 Continuous Evaluation (CE) Travel Record Data Service (TRDS)

The Travel Record Data Service (TRDS) is a Department of Homeland Security (DHS) project, whereby U.S. Customs and Border Protection (CBP) travel records are shared with the Office of the Director of National Intelligence (ODNI) National Counterintelligence and Security Center (NCSC) Continuous Evaluation System (CES). NCSC will provide authorized Executive Branch agencies with TRDS information, via the CES, to continuously evaluate the suitability of “covered individuals.”  NCSC will then share relevant CBP travel information with the covered individual’s home agency or authorized Investigative Service Provider to allow that home agency to determine if a security-relevant issue exists. DHS is publishing this Privacy Impact Assessment (PIA) to describe the personally identifiable information (PII) within TRDS and the way in which the data is transferred to the NCSC CES. August 2018

Associated SORN(s):

• DHS/CBP-005 Advance Passenger Information System (APIS), March 13, 2015, 80 FR 13407
• DHS/CBP-007 Border Crossing Information (BCI), December 13, 2016, 81 FR 89957
• ODNI-13 Security Clearance Reform Research Records, April 2, 2010, 75 FR 16865
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If you want to see the personal information about you that is held on the Home Office’s immigration records, you can make a request to access this data. This is known as a Subject Access Request.

Processing Subject Access Requests is expensive for the UK taxpayer, therefore you should be as clear as you can about what information you require in order to get the best service.

It should be noted that the Home Office is unable to provide immigration status documents. If you want to check someone’s immigration status online, you can use this service if you have their share code. There are different online services to check someone’s right to work and right to rent .

All other personal information held in the government’s borders, immigration and citizenship system can be obtained using a Subject Access Request. There are three types of request you can make:

All types of request are free of charge. If multiple requests are submitted for the same person, the first request received will be treated as your sole application. You will receive a response within one month of your supporting documents being received by the Home Office.

Below, we explore the three types of Subject Access Request you can make, what you will receive from each, and how to submit a request to the Home Office.

Basic request

This is the most common type of request submitted, and most people find that a basic request provides them with all the personal information they need. With a basic request, you can ask for a copy of:

• An electronic summary of your immigration history
• Landing cards the Home Office holds electronically
• Visa applications you submitted from outside the UK (as part of entry clearance)
• Workers Registration Scheme (WRS) information if you are a national of Czechia, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia
• Entry and exit into and out of the UK. Your travel history can be provided for the past 5 years if a passport or travel document is submitted for this period.

Specific request

This type of request allows you to ask for more specific information if you need to. When submitting a specific request, you should clearly describe which documents you need. You can request copies of up to 5 single documents, for example:

• A list of your applications
• A particular decision letter
• The outcome of an appeal (appeal determination)
• A particular detention progress report
• A deportation order
• A particular interview record.

If you need more information that the single documents in the above list, you will need to submit a detailed request.

Detailed request

As expected, a detailed request is the most comprehensive form of Subject Access Request you can make. This allows you to request a copy of your Home Office paper file.

When you make a detailed request, you will initially be sent an electronic summary of your immigration information (as with a basic application). This gives most people the information they need.

However, this option also allows you to request further information from your Home Office paper file if the electronic data did not fulfil your request. Refining your request to state clearly what paper records you need will help your application.

How to make a request

The easiest way to request access to your personal information held by the Home Office is to use the online application form .

Using the online form will reduce the time it takes to receive a response to your request. Data subjects may make a request to access their personal data in other formats which will also be accepted by the Home Office, but the online form is designed to speed up the process.

Submitting evidence

When submitting a Subject Access Request, you will also need to provide evidence to show that the person making the request has permission to do so. In addition to answering the questions about you in the application form, you will also need to submit the following evidence to confirm your identity:

• A good quality, colour copy of your photo identification such as a passport or travel document, driving licence, national identity card or biometric residence card. If none of these options are available, you will need to send a recent photograph. The Home Office will match your photograph against their systems to ensure they are sending personal information to the right person.
• A letter to give permission for your records to be sent to you or your representative. This can be a short letter or statement and must include confirmation that you give permission for your records to be sent to you or a third party representative applying on your behalf, your signature and the date within the last 6 months.
• Proof of your relationship, if you are applying for a child under 12. This evidence can include a birth certificate or proof of parental responsibility. Additionally, if you are applying on behalf of someone because you have the power of attorney, or are a litigation friend, you must provide evidence of this.

You will be advised where you need to email your evidence in your application form. Your application will not be accepted until the Home Office has received these documents, and it will be automatically rejected if you do not send them within 15 days of making your application.

Where can I get help?

If you would like more information on making a Subject Access Request or if you need help filling in your form, you can contact the Home Office by email on [email protected] .

Submitting the request itself via email is not advised as this may delay your application if the Home Office has to seek further information to verify your identity. You should instead use the online form to submit the request.

If you have a general immigration query, our qualified immigration advisors at Smith Stone Walters are on hand to assist. You can contact us on 0208 461 6660 or email [email protected] .

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How to get your records from the Home Office

This post looks at making a Subject Access Request to the Home Office, also known as a Freedom of Information Act request, or colloquially known as ‘getting a copy of your file’.

You do not need to have, or be, a lawyer to do this.

What information is held?

The Home Office should hold records of most substantive interactions it has with any given individual.

This means that it usually holds a great deal of written information about migrants who have made immigration applications to enter or remain in the UK.

In particular, disclosure from the Home Office can provide access to the following types of documents

• entry clearance and port records
• dates of applications made, and outcomes
• copies of applications made by applicants, including covering letters and supporting documents
• reasons for refusal or grant letters
• determinations (judgments) of tribunals, as well as copies of previous trial bundles
• internal caseworking notes giving reasons for grant or refusal
• detention records

The amount of disclosure will depend on the extent of the interactions with the Home Office that an applicant has had, and this will obviously vary from case to case.

Contact Edgewater Legal for expert immigration advice and assistance

Why would you make this request?

For me, in all but the most straightforward immigration applications, it is almost always worth seeking to obtain a copy of a client’s file from the Home Office.

This is especially so where

• there is a disagreement between an individual and the Home Office about their immigration history (dates of entry, applications made, documents included with that application etc)
• a person is appealing against a decision to refuse their application and needs to explain your case in court
• a person is instructing a lawyer and needs to be able to explain their current position to their representative

Unless you are very organised, it is easy to make mistakes in providing details of your immigration history, especially the exact type of application you made in the past, and the exact nature of the outcome.

Obtaining a copy of the records held by the Home Office can usually go some way to resolving these issues.

Types of request

The Home Office breaks down the types of request you can made into three:

The aim of these gradations – for perfectly understandable reasons of resources – is to try and avoid having to provide entire copies of files (which can be thousands of pages long), where only certain documents are needed.

However, in our experience, this has meant that even where a specific or detailed request is made, it is essentially treated as a basic request, and a further letter has to be sent once this basic disclosure is received where more documents are required.

When making a basic request you will usually receive:

• an electronic summary of your immigration history
• landing cards we hold electronically
• an electronic summary of entry clearance records
• Workers Registration Scheme (WRS) information
• entry and exit records for the past 5 years

This is usually sent out by the Home Office to anyone who makes a request, even someone who doesn’t make a specific request.

As mentioned above, in our experience, even where a Specific or Detailed request was made via the online form, the request then has to be renewed if the specific or detailed documents sought were not included in the Basic disclosure (which they invariably are not).

The Home Office has been piloting a scheme whereby you can request copies of up to 5 single documents, including:

• a list of your visa applications made in the UK
• a particular decision letter
• the outcome of an appeal (appeal determination)
• an individual detention progress report
• a deportation order
• a particular interview record

Again, the aim of this is to reduce the workload of the Subject Access Request Unit, with a view to preventing provision of documents that individuals have not asked for and/or do not need.

This request is for a full copy of all records held by the Home Office.

How to request your file

The application process is a hybrid, with the Home Office preferring individuals to apply online , and then sending supporting identity documents in the post to: Subject Access Request Unit, UK Visas and Immigration, Lunar House, 40 Wellesley Road, Croydon CR9 2BY.

(It is possible to apply directly in writing, but the Home Office warns on its website that most of these applications are delayed due to failure to provide the correct supporting evidence regarding identity.)

There are fairly tight requirements regarding provision of identity documents and the way in which they must be provided:

• a copy of your photo identification, such as a passport
• written confirmation from a third party that your photo identification is a true likeness of you
• a letter to give permission for your records to be sent to you, or your representative

Further information about the format of this evidence is available here .

In our experience this guidance must be adhered to very closely, or will lead to a long and tedious exchange of correspondence with the Subject Access Request Unit, and ultimately to a delay in the application for disclosure.

Waiting times

At the time of writing (January 2020), whilst the electronic records are being sent out within a few months of the application, receipt of detailed requests for records are taking several months.

Main image credit: Photo by EWL

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Passenger Name Record (PNR)

U.S. law requires air carriers operating flights to, from, or through the United States to provide the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), with certain passenger reservation information, called Passenger Name Record (PNR) data. This information is transmitted to CBP prior to departure and used primarily for purposes of preventing, detecting, investigating, and prosecuting terrorist offenses and related crimes and certain other crimes that are transnational in nature. 

Collection of PNR information from air carriers is authorized by 49 U.S.C. § 44909(c)(3) and its implementing regulations at 19 C.F.R. § 122.49d. These statutory and regulatory authorities require each air carrier operating passenger flights in foreign air transportation to, from, or through the United States to provide CBP with electronic access to PNR data to the extent it is collected and contained in the air carrier’s reservation and/or departure control systems. The European Union (EU) has determined that U.S. laws, in conjunction with CBP policies regarding the protection of personal data, provide an adequate basis upon which to permit transfers of PNR data to the United States consistent with applicable EU law. An updated U.S.-EU PNR Agreement was signed in December 2011.

The Privacy Act of 1974, as amended (5 U.S.C. § 552a), governs the maintenance of information in federal agency systems through which records are retrieved using the personally identifiable information (PII) of United States citizens and lawful permanent residents. The Privacy Act regulates how the government can disclose, share, provide access to, and maintain the personal information that it collects in such systems. Though the Privacy Act does not afford coverage to non-U.S. persons, the Judicial Redress Act of 2015 (5 U.S.C. § 552a note), also extends provisions of the Privacy Act to non-U.S. citizens and non-lawful permanent residents who are citizens of countries that have been designated pursuant to procedures identified within the Judicial Redress Act. For those covered by neither, DHS policy covers information for all persons, regardless of immigration status, and treated consistent with the Fair Information Practice Principles (FIPPs).

DHS allows all persons, including foreign nationals, to seek access and request amendment to certain information maintained in the Automated Targeting System (ATS), including PNR data. Please see the procedures provided below. However, certain information maintained in ATS, such as information pertaining to the rule sets or accounting of a sharing with a law enforcement or intelligence entity in conformance with a routine use, may not be accessed, pursuant to 5 U.S.C. §§ 552a (j)(2) or (k)(2). For additional information, please refer to the ATS System of Records Notice (SORN) and Privacy Impact Assessment .

General Information

Who is affected by the program.

All persons traveling on flights to, from, or through the United States will be affected by this program. If you travel on flights arriving in or departing from the United States (even if you are simply transiting through the United States), CBP may receive PNR data concerning you. Air carriers create PNR data in their reservation systems for each itinerary booked for a passenger. Such PNR data may also be contained in the air carrier departure control systems.

What U.S. and EU laws allow for the transfer of PNR data?

By statute (49 U.S.C. § 44909(c)(3)) and its implementing regulations (19 CFR 122.49d), each air carrier operating international passenger flights to, from, or through the U.S. must provide CBP with electronic access to PNR data to the extent it is collected and contained in the air carrier’s reservation and/or departure control systems.

The EU has determined that this statute, in conjunction with DHS/CBP policies regarding the protection of personally identifiable information (PII) and the 2011 Agreement, provide an adequate basis upon which to permit transfers of PNR data to the U.S. consistent with applicable EU law. Please note that the 2011 Agreement applies to air carriers operating passenger flights between the EU and the U.S., as well as those air carriers incorporated or storing data in the EU and operating passenger flights to, from, or through the United States. For further information regarding this agreement, please refer to the link to the 2011 Agreement .

What is the purpose for collecting PNR information?

The purpose of collecting PNR information in advance of your arrival or departure is to assist CBP officers in measuring the risk associated with an individual traveling to, from, or through the United State, and to enable CBP to make accurate, comprehensive decisions regarding which travelers require additional inspection at the port of entry based on law enforcement and other information. Collecting this information in advance provides the traveler two advantages. First, it affords CBP adequate time to research possible matches against derogatory records to eliminate false positives. Second, it expedites travel by allowing CBP to conduct mandatory checks prior to a flight’s arrival in the United States, rather than making you, and everyone else on your flight, stand in line while we manually collect necessary information to facilitate a review after you arrive.

How is PNR information used?

DHS/CBP uses PNR strictly for the purposes of preventing, detecting, investigating, and prosecuting:

(1). To prevent, detect, investigate, and prosecute:

a. Terrorist offenses and related crimes, including

i. Conduct that--

1. involves a violent act or an act dangerous to human life, property, or infrastructure; and

2. appears to be intended to--

a. intimidate or coerce a civilian population;

b. influence the policy of a government by intimidation or coercion; or

c. affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking.

ii. Activities constituting an offense within the scope of and as defined inapplicable international conventions and protocols relating to terrorism;

iii. Providing or collecting funds, by any means, directly or indirectly, with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out any of the acts described in subparagraphs (i) or (ii);

iv. Attempting to commit any of the acts described in subparagraphs (i),(ii), or (iii);

v. Participating as an accomplice in the commission of any of the acts described in subparagraphs (i), (ii), or (iii);

vi. Organizing or directing others to commit any of the acts described in subparagraphs (i), (ii), or (iii);

vii. Contributing in any other way to the commission of any of the acts described in subparagraphs (i), (ii), or (iii);

viii. Threatening to commit an act described in subparagraph (i) under circumstances which indicate that the threat is credible;

b. Other crimes that are punishable by a sentence of imprisonment of three years or more and that are transnational in nature; a crime is considered as transnational in nature in particular if:

i. It is committed in more than one country;

ii. It is committed in one country but a substantial part of its preparation, planning, direction or control takes place in another country;

iii. It is committed in one country but involves an organized criminal group that engages in criminal activities in more than one country;

iv. It is committed in one country but has substantial effects in another country; or

v. It is committed in one country and the offender is in or intends to travel to another country;

(2) on a case-by-case basis where necessary in view of a serious threat and for the protection of vital interests of any individual or if ordered by a court.

(3) to identify persons who would be subject to closer questioning or examination upon arrival to or departure from the United States or who may require further examination.

(4) for domestic law enforcement, judicial powers, or proceedings, where other violations of law or indications thereof are detected in the course of the use and processing of PNR.

What information is collected?

The Automated Targeting System (ATS) maintains the PNR information obtained from commercial air carriers and uses that information to assess whether there is a risk associated with any travelers seeking to enter, exit, or transit through the United States. PNR may include some combination of the following categories of information, when available:

• PNR record locator code.
• Date of reservation/issue of ticket.
• Date(s) of intended travel.
• Available frequent flier and benefit information (i.e., free tickets, upgrades, etc.).
• Other names on PNR, including number of travelers on PNR.
• All available contact information (including originator of reservation).
• All available payment/billing information (e.g. credit card number).
• Travel itinerary for specific PNR.
• Travel agency/travel agent.
• Code share information (e.g., when one air carrier sells seats on another air carrier's flight).
• Split/divided information (e.g., when one PNR contains a reference to another PNR).
• Travel status of passenger (including confirmations and check-in status).
• Ticketing information, including ticket number, one way tickets and Automated Ticket Fare Quote (ATFQ) fields.
• Baggage information.
• Seat information, including seat number.
• General remarks including Other Service Indicated (OSI), Special Service Indicated (SSI) and Supplemental Service Request (SSR) information.
• Any collected APIS information (e.g., Advance Passenger Information (API) that is initially captured by an air carrier within its PNR, such as passport number, date of birth and gender).
• All historical changes to the PNR listed in numbers 1 to 18.

Not all air carriers maintain the same sets of information in PNR, and a particular individual’s PNR likely will not include information for all possible categories. In addition, PNR does not routinely include information that could directly indicate the racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, or sex life of the individual. To the extent PNR does include terms that reveal such personal matters, DHS employs an automated system that filters certain of these terms and only uses this information in exceptional circumstances where the life of an individual could be imperiled or seriously impaired.

Privacy Information

Is sensitive data included in the pnr data transfer.

Sometimes, information that could be considered sensitive could be included in the PNR data transfer. Such sensitive PNR data could include certain information revealing the passenger’s racial or ethnic origin, religion, or health. CBP uses electronic filters to automatically mask PNR data identified as sensitive that may be included in the PNR when it is transferred from reservation and/or air carrier departure systems to CBP. This information is not used or seen by any CBP personnel except under exceptional circumstances where the life of an individual could be imperiled or seriously impaired, in which case additional approval and security steps must be taken.

Who will have access to the information?

CBP is the primary user of PNR information. The PNR information collected from airlines may be made available to other government agencies inside and outside the Department of Homeland Security for law enforcement purposes pursuant to the “routine uses” included in the ATS System of Records Notice (SORN) , and consistent with the terms of any applicable laws, regulations, DHS policies, and international agreements/arrangements, including the 2011 PNR Agreement . PNR information will not be shared outside of DHS unless the recipient agency has a proper need to know the information and can ensure the information will be properly protected.  

CBP and DHS officials responsible for identifying illicit travel and preventing and detecting terrorism and certain transnational crimes will have access to PNR data derived from flights to, from, or through the United States. This PNR data may be provided to other government authorities, consistent with the purposes identified above in response to FAQ 1 and with the routine uses included in the ATS SORN and other exemptions under the Privacy Act. EU PNR data is only exchanged with foreign government authorities after a determination that the recipient’s intended use(s) is consistent with the terms of the 2011 Agreement, if applicable, and DHS/CBP policy, and that the recipient has the ability to protect the information.

CBP will advise in writing that the requesting authority will apply safeguards to the PNR that are comparable to those applied by CBP to ensure that access is granted in accordance with all applicable laws, regulations, DHS policies, and international agreements and arrangements.

How will the information be protected?

CBP carefully safeguards PNR data by applying appropriate data security and access controls, to ensure that the PNR data is not used or accessed improperly. Personal information will be kept secure and confidential and will not be discussed with, or disclosed to, any person within or outside CBP unless consistent with application law and in the performance of official duties, and as described above. Careful safeguards, including appropriate security controls, compliance audits, and written arrangements with non-DHS agencies ensure that the data is not used or accessed improperly. Additionally, the DHS Chief Privacy Officer reviews pertinent aspects of the program to ensure that proper safeguards are in place. Roles and responsibilities of DHS employees, system owners and managers, and third parties who manage or access PNR include:

DHS Employees - As users of ATS:

• Access records containing personal information only when the information is needed to carry out their official duties because of a specific need to know.
• Disclose personal information only for legitimate official purposes, and in accordance with applicable laws, regulations, and ATS routine use policies and procedures.

ATS System Owners/Managers: 

• Follow applicable laws, regulations, and relevant DHS/CBP policies and procedures in the development, implementation, and operation of ATS.
• Conduct a risk assessment to identify privacy risks and determine the appropriate security controls to protect against those risks.
• Ensure that only personal information that is necessary and relevant for legally mandated or authorized purposes is collected.
• Ensure that all processes that contain personal information have an approved Privacy Impact Assessment. Privacy Impact Assessments meet appropriate Office of Management and Budget (OMB) and DHS guidance and will be updated as the system progresses through its development stages.
• Ensure that all personal information is protected and disposed of in accordance with applicable laws, regulations, DHS/CBP policies and procedures, and applicable agreements or arrangements.
• Use personal information collected only for the purposes for which it was collected, unless other purposes are explicitly mandated or authorized by law.
• Establish and maintain appropriate administrative, technical, and physical security safeguards to protect personal information.

Third Parties Third parties, including other law enforcement entities, who may have access to information collected by ATS shall comply with requirements of written arrangements drafted to address, among other matters, privacy issues, and shall follow the same privacy protection guidance as DHS employees are required to follow.

What notice or opportunities for consent would be provided to individuals regarding what information is collected and how that information is shared?

Notice has been given to the public through the ATS SORN in conjunction with the ATS Privacy Impact Assessment (PIA). Because ATS does not collect PNR directly from individuals, there is no opportunity for an individual to consent to provide this information. PNR data maintained in ATS is collected from air carriers in accordance with U.S. law as stated above.

Similarly, since PNR data is collected from the air carriers to assist CBP in performing border security functions, it is not appropriate to seek consent from the affected individuals with respect to the defined uses of this information. Individuals do not have the right to consent to particular uses of the information. Once an individual submits the data to the air carrier for reservation purposes and the air carrier forwards the PNR data to CBP, the individual cannot exert control over it (except in the context of a request for access or redress, as discussed in the FAQs below).

How long is PNR information retained and what access restrictions apply?

The retention period for data maintained in ATS, which includes PNR, does not exceed fifteen years, except as noted below. The retention period for PNR, which is collected in ATS, will be subject to the following further access restrictions: ATS users will have general access to PNR for five years, after which time the PNR data is moved to dormant, non-operational status. After the first six months, the PNR is “depersonalized,” with names, contact information, and other personally identifiable information masked in the record. PNR data in dormant status is retained for an additional ten years, and may be accessed only with prior supervisory approval and only in response to an identifiable case, threat, or risk. Such limited access and use for older PNR strikes a reasonable balance between protecting this information and allowing CBP to continue to identify potential high-risk travelers.

Notwithstanding the foregoing, information maintained only in ATS that is linked to law enforcement lookout records, CBP matches to enforcement activities, investigations, or cases (i.e., specific and credible threats, and flights, individuals and routes of concern, or other defined sets of circumstances), will remain accessible for the life of the law enforcement matter to support that activity and other related enforcement activities.

Procedures for Access, Correction or Rectification, and Redress

How can an individual request access to his or her pnr.

Any individual, regardless of citizenship, who wishes to seek access to his or her PNR held by DHS can do so under the Freedom of Information Act (FOIA). FOIA provides members of the public with access to records, subject to certain exemptions, about the operations and activities of the U.S. federal government. Individuals seeking access to PNR records may submit a FOIA request to CBP at  https://www.cbp.gov/site-policy-notices/foia , or by mailing a request to:

An individual who is not satisfied with the agency’s response under FOIA may challenge a refusal to disclose data or a lack of a response to a FOIA request first through an administrative appeals process, and then in federal court.

How can an individual request correction or rectification of his or her PNR?

Several options are available for individuals seeking correction of personally identifiable information (PII) held by DHS.

Requests for amendment of information

Before requesting corrections be made to your PNR, please ask for a copy of the record through the processes described above to determine what information is actually in your PNR record(s). Keep in mind that PNR is usually information that you (or your representative) supplied in making your reservation. Requests for amendment should conform to the requirements of 6 CFR Part 5, which provides the rules for requesting amendment to records maintained by DHS. The envelope and letter should be clearly marked “Privacy Act Amendment Request.” The request must include the requester’s full name, current address, and date and place of birth. Your request should identify each particular record in question, state the amendment or correction that you want, and state why you believe that the record is not accurate, relevant, timely, or complete. You may submit any documentation that you think would be helpful. The request must be signed and either notarized or submitted under penalty of perjury.

Questions, concerns, or comments of a general or specific nature regarding CBP or its handling of PNR may be directed to the CBP INFO Center. You may contact the CBP INFOCenter in any one of three ways:

Online -  https://help.cbp.gov

Telephone  - During the hours of 8:30 a.m. to 5:00 p.m. Eastern Standard Time:

(877)227-5511 (toll-free call for U.S. callers) (202)325-8000 (international callers) (866)880-6582 (TDD)

Individuals may also seek redress through the DHS Traveler Redress Inquiry Program (DHS TRIP). Persons who believe they have been improperly denied entry, refused boarding for transportation, or identified for additional inspection by CBP may submit a redress request through DHS TRIP. DHS TRIP is a single point of contact for persons who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs – such as airports, seaports, and train stations – or crossing U.S. borders. Through DHS TRIP, a traveler can request correction of erroneous data stored in ATS and other data stored in other DHS databases through one application. DHS TRIP redress requests can be made online at  http://www.dhs.gov/dhs-trip  or by mail at:

DHS Traveler Redress Inquiry Program (DHS TRIP) 601 South 12th Street, TSA-901 Arlington, VA 20598-6901

Whom do I contact if my complaint is not resolved?

In the event that a complaint cannot be resolved by CBP or through the DHS TRIP process, the complaint may be directed, in writing, to the Chief Privacy Officer, Department of Homeland Security, Washington, DC 20528-0550; Email at  [email protected] ; Phone: (202) 343-1717; and Fax: (202) 343-4010. The Chief Privacy Officer shall review the situation and endeavor to resolve the complaint.

Pursuant to the Homeland Security Act of 2002, as amended, (6 U.S.C. § 142) and Section 802 of the Implementing the Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53), the DHS Chief Privacy Officer is statutorily obligated to ensure that personally identifiable information is handled in a manner that complies with relevant law. He or she exercises oversight regarding the implementation of the 2011 Agreement to ensure strict compliance by DHS and to verify that proper safeguards are in place. He or she is independent of any directorate within DHS. His or her determination is binding on the Department.

Complaints received from the European Union Member States on behalf of an EU resident, to the extent such resident has authorized the Data Protection Authority (DPA) to act on his or her behalf, shall be handled on an expedited basis.

What are an individual’s other options for judicial redress?

Judicial redress for individuals, regardless of citizenship, may be available under the following circumstances:

• The Computer Fraud and Abuse Act (CFAA) (18 U.S.C. § 1030) allows individuals to bring a civil action in court for actual damages, and in some cases punitive damages plus attorney fees, when that individual’s personal information held on a U.S. government computer system, including the Automated Targeting System (ATS) that holds PNR, has been improperly accessed, causing a certain type of harm.
• The Electronic Communications Privacy Act (18 U.S.C. § 2701 et seq. and 18 U.S.C. §2510 et seq.) allows any person to bring a civil action in court for actual damages, and in some cases punitive damages plus attorney fees, when that person’s stored wire or electronic communications are improperly accessed or disclosed, or when that person’s wire, oral, or electronic communications are improperly intercepted or disclosed.
• Under 49 U.S.C. § 46110, an individual with interest in particular transportation orders,including orders that implement DHS Transportation Security Administration watchlists,may file a petition for review in an appropriate U.S. Court of Appeals.
• The Administrative Procedure Act (5 U.S.C. §§ 551 – 559), or APA, generally provides for judicial review of final agency action that is not precluded by statute or committed to the discretion of the agency, and provides for a court to set aside final administrative action not in compliance with statutes, or that is arbitrary and capricious, or an abuse of discretion. Individuals can bring APA claims on their own behalf, or as part of a class action.

Bradford Tax Institute

How to “audit-proof” your travel expense records

February 1, 2013

If you’re deducting travel expenses you’d better know what you’re doing or the IRS may come calling.

It doesn’t matter whether you operate your business as a corporation or a proprietorship. You still need to record your tax-deductible travel expenses in an IRS-approved manner. And they can be sticklers!

If you want to learn how to keep your tax-deductible business travel records in a form that meets the “timely-kept records rule,” read my new article titled Tax Tips: How to Prove Expenses for Tax-Deductible Business Travel ?

Three ways our fact-filled article can help you:

• We’ll explain “tax diary” basics. It’s smart ( very smart!) to keep a tax diary for recording your tax-deductible expenses. We’ll tell you the four entries you should make for every item you deduct when you read the full article .
• We’ll tell you all you need to know about receipts. For the IRS’s purposes, a receipt is a document that establishes your expenditure. But the devil is in the details and we’ll tell you how to handle hotel receipts, restaurant receipts, and more. You’ll get all the facts when you  read the full article .
• You’ll learn how to handle your travel expenses. The IRS defines a travel expense as the cost of getting to and from the business destination and the expense of sustaining life while at the business destination. We’ll give you eight examples of IRS-approved travel expenses when you  read the full article .

Bradford Tax Institute Blog

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