For non-immigrants entering the United States, the I-94 record is one of the most critical documents issued by U.S. Customs and Border Protection (CBP). It defines the visa category under which you were admitted and, most importantly, the duration of your authorized stay. If you’re wondering, “what happens if my I-94 is incorrect?”, the short answer is: it can lead to serious consequences.
Understanding Your I-94 Record
What Is an I-94?
The I-94 is the official U.S. arrival and departure record for non-immigrants. When you enter the U.S. on a temporary visa—such as an E-2 visa or a TN visa—the I-94 indicates your specific admission status, the date you entered, and the expiration date of your authorized stay. This crucial document governs your time in the country and is available electronically for most travelers through the official CBP website.
Why I-94 Accuracy Is So Important
Your I-94, not the visa in your passport, dictates how long you are legally allowed to remain in the United States. An error on this document can mean you are unintentionally out of status. For example, if you entered to run your E-2 business but your I-94 was incorrectly issued with a B-2 visitor status, you would be legally treated as a tourist. Working under this incorrect status would be a direct violation of immigration rules, which could lead to severe penalties.
How to Address an Incorrect I-94
Potential Consequences
If your I-94 record contains errors, you must correct it immediately. Continuing to stay or work in the U.S. with an incorrect status can render you unlawfully present, result in a loss of legal status, and trigger serious visa complications or even inadmissibility in the future.
The Correction Process
There is a formal process to request a correction to your I-94. If the error was made by a CBP officer at the port of entry, you can contact the nearest Deferred Inspection Site or CBP Office. You will typically need to provide documentation, such as a copy of your passport and visa, your original I-94, and proof of your correct immigration status (like an I-797 approval notice or E-2 business documents). This correction should be made as soon as the error is discovered to avoid any negative consequences.
Protect Your Immigration Status
Never ignore an I-94 error. Inaccurate information on your I-94 can jeopardize your legal stay, employment authorization, and future immigration benefits. Correcting the record promptly is essential for ensuring compliance with U.S. immigration law. If you have discovered an error on your I-94 and need guidance, schedule a consultation with us to speak with our experienced immigration attorneys.
