Form I-94 is an arrival / departure record issued by U.S. Customs and Border Protection to foreign visitors to the United States. The I-94 contains information such as your name, date of most recent entry, the admit until date, and your class of admission. The I-94 is one of the most important immigration documents you have. It controls how long you are legally allowed to stay in the United States and what immigration status you were admitted under. Unfortunately, I-94 errors are common, especially since Customs and Border Protection (CBP) now uses electronic records. Below we will discuss why it matters if the I-94 is incorrect and how to fix it.
- An incorrect I-94 can cause unlawful overstay, loss of status, and future reentry bars, since it controls your authorized stay, not your visa.
- Correct errors promptly through a CBP Deferred Inspection Site, Form I-102 with USCIS, or the online CBP Traveler Communications Center.
- Always check your I-94 right after entry and, if needed, leave and reenter the U.S. to obtain a correct admission record and status.
Why Does It Matter If My I-94 is Incorrect?
Consequences When Your I-94 is Incorrect
An incorrect I-94 matters a lot more than most people realize because the I-94 is the government’s official record of your lawful entry, your status, and how long you are allowed to stay in the U.S. The I-94, not your visa, sets the authorized period of stay. If the date is wrong, you could accidentally overstay, fall out of status, and trigger bars on reentry in the future.
Visa Classification and Permitted Activities
Similarly, the classification on the I-94 provides information on permitted activities the traveler can engage in. For example, a B2 visa allows a person to travel to the US for tourism, pleasure, or certain non-business personal activities. Whereas other visas such as an L visa or E visa allow the traveler to enter the US and work for a specific company.
Sometimes travelers holding more than one visa may be admitted in the wrong classification. This could be problematic in a case where you were admitted under a B2 visa, but in fact came to the US to work. In this case, you would not be permitted to work because you were technically admitted to the US as visitor.
Future Immigration Delays and Petitions
USCIS and CBP rely heavily on the I-94 history, and an incorrect one can cause delays with future petitions. Even if the mistake is not your fault, the government treats the I-94 as the official document until it is corrected.
How Do I Correct My I-94?
Option 1: Visit a CBP Deferred Inspection Site
One option includes visiting a US Customs and Border Protection deferred inspection site. The Deferred Inspection Site staff are available to review and issue the necessary documents to remedy errors recorded on arrival documents issued at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission. Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued.
Option 2: File Form I-102 with USCIS
Another option would be to file Form I-102 (Application for Replacement/Initial Nonimmigrant Arrival-Departure Document) with USCIS. Form I-102 can be used to request a new I-94 or replacement of an incorrect I-94.
Option 3: Use the CBP Traveler Communications Center (TCC)
You can also use the CBP Traveler Communications Center (TCC). If you are unable to visit a Deferred Inspection Office, CBP allows some corrections through its Traveler Communication Center (TCC) online system. You can access this at: https://www.help.cbp.gov. You will select ask a question, topic: “I94 / Traveler Compliance, and issue: “Issue with my I94 / Traveler History.” You will also upload your documents and provide a brief description of the problem.
Option 4: Leave the U.S. and Reenter
Lastly, you could also leave the U.S. and reenter. If you pursue this option, it is recommended that you fly into the US versus driving. If you come through a land border, you will need to specifically request a new I-94 and pay a fee. Additionally, CBP often does not correct I-94s at land border entries the way they will for people who fly in. Upon reentry, you can let the officer know you are requesting to enter the US in a specific class of admission.
Manage Your Arrival Record
TIP: Always check your I-94 as soon as possible upon entry to the US and fix any errors as soon as possible. Small I-94 mistakes often lead to big immigration consequences later if not handled correctly and the I-94 controls your legal stay in the U.S.
At Scott Legal we have experience helping clients with all types of immigration matters, from filing for petitions to fixing I-94s. If you would like to discuss your case, or receive personalized advice, you can schedule a consultation with our team.
