Common Errors on Form I-94
Errors on Form I-94 can occur due to manual entry mistakes or system glitches. Some of the most frequent issues include:
- Incorrect Name or Date of Birth: Typos in personal information can lead to mismatched records.
- Incorrect Visa Classification or Admission Period: Errors in the visa category or expiration date can affect your authorized stay.
- Missing or Incomplete Details: Missing information, such as travel history or admission port, can create confusion.
Consequences of Form I-94 Errors
Errors on Form I-94 can have serious consequences, including:
- Disruption in Immigration Status: Errors like incorrect dates or visa classifications can lead to unintentional overstays, risking a violation of immigration status. These errors may cause a loss of lawful status, which could impact future visa renewals and status adjustments.
- Denial of Immigration Benefits: Form I-94 mistakes can delay or deny visa renewals, extensions, or status adjustments. Mismatched or incorrect I-94 records can complicate green card or work visa applications.
- Challenges with Re-entry to the U.S.: Errors on Form I-94 can cause travel disruptions when attempting to re-enter the U.S. after a trip abroad. Incorrect I-94 details could result in denial of entry by U.S. immigration authorities.
- Legal & Administrative Complications: Immigration authorities may increase scrutiny of your case due to Form I-94 errors. You may be required to file additional forms, such as Form I-102, to correct the mistake.
- Risk of Deportation & Ineligibility for Re-entry: Errors leading to violations of immigration laws can result in deportation. Overstays or status violations caused by I-94 errors may result in a ban on re-entry to the U.S. for a specified period.
Step-by-Step Process to Correct Your I-94 Document
With the shift to Simplified Arrival and the absence of passport stamps, CBP officers may sometimes make errors while processing foreign visitors. It’s essential to verify your I-94 record, as errors can affect your immigration status, travel history, and future entry into the U.S. If you spot any mistakes, here’s what to do:
Step 1: Review Your I-94
Visit the CBP website at https://i94.cbp.dhs.gov/home to check your I-94 for errors, such as:
- Misspelled names
- Incorrect admission dates
- Travel history discrepancies
- Incorrect visa classification
Step 2: Identify the Error
(a) For CBP Errors: Visit the nearest Deferred Inspection Site or CBP port of entry to request corrections.
Bring the necessary documents:
- Passport
- Visa
- Current Form I-94
- Any supporting documentation proving the error
(b) For USCIS Errors: File Form I-102 (Application for Replacement/Correction of I-94) if the error was made during an adjustment of status or an extension of stay. Include all supporting documentation to explain and correct the error. Pay the applicable filing fee unless it qualifies for a waiver.
Step 3: Gather Necessary Documents
Prepare all relevant documentation to support your claim:
- Passport
- Visa
- Approval notices
- Travel tickets and itineraries
- Evidence showing correct information
Step 4: Contact CBP Deferred Inspection Sites or Ports of Entry
- CBP Deferred Inspection Offices or certain Ports of Entry can correct I-94 errors. Find office locations and contact information on the CBP website at: CBP Contact Information
- Be ready to provide all supporting documents and clearly explain the error.
Step 5: Use the Traveler Communication Center (TCC)
- For some corrections, you can use CBP’s “Ask a Question” webform. Choose “I-94/Traveler Compliance” as the topic and “Issue with my I-94/Traveler History” for the issue.
- Upload your documents directly through the form at: CBP TCC Webform
Important Tips:
- Double-check all documents for accuracy before submission to avoid further delays.
- Keep copies of all correspondence and submitted documents for your records.
- Consult with an immigration attorney before visiting a CBP Deferred Inspection office, especially for complicated errors.
When to File Form I-102
You may need to file Form I-102 to address the following circumstances:
- Lost, Stolen, or Damaged I-94: If your Form I-94 has been lost, stolen, or damaged, you can file Form I-102 to request a replacement and maintain accurate travel documentation.
- Errors by USCIS: If USCIS made a mistake during the processing of your application (e.g., adjustment of status or extension of stay), Form I-102 allows you to correct the error and obtain a revised I-94.
- Request for a New or Replacement I-94: Whether due to changes in your travel or immigration status, or the need for a replacement I-94, Form I-102 is the official method to request a new document. If the error is due to USCIS processing, a replacement may be issued without any filing fee. Be sure to provide supporting evidence to confirm the mistake.
Tips for a Smooth Filing Process:
Filing Form I-102 requires careful attention to detail and thorough documentation. To avoid delays or rejections, follow these tips for a smooth process:
1. Double-check for Accuracy: Ensure that all the information on your Form I-102 is accurate before submission. Even minor errors or incomplete details can cause significant delays or lead to rejection.
2.Submit Complete Documentation: Make sure to include all the necessary supporting documents with your form. Incomplete submissions can delay processing. Pay close attention to the following sections, as mistakes here can result in application rejection:
Part 1: Information About You
- Family Name
- U.S. Mailing Address
- Date of Birth
Part 2: Reason for Application
3. Understand Fees and Fee Waivers: Familiarize yourself with the filing fees for Form I-102 and ensure you’re aware of any available fee waivers. If you’re eligible for a fee waiver, submit the required supporting documents to back up your request.
How to Avoid Common Form I-94 Errors:
To prevent common, I-94 errors, here are a few practical steps to follow:
- Verify Information During Travel: Always confirm that your name, date of birth, and visa classification are correct with immigration officials when you enter the U.S.
- Keep Copies of Your I-94: Retain both digital and physical copies of your Form I-94 for future reference. This can be helpful in case any issues arise.
- Consult Legal Experts for Complex Cases: If you encounter any complicated or unclear situations with your Form I-94, it’s advisable to seek guidance from an immigration attorney to ensure you’re on the right track.
Frequently Asked Questions:
Q: What happens if my Form I-94 has expired but contains an error?
A: You must address the error immediately. Expired I-94 forms can complicate the correction process and may affect your lawful presence.
Q: Can I travel while my Form I-94 correction is pending?
A: It depends on the nature of the error and your visa status. Consult with an immigration attorney before traveling.
Q: How does an I-94 error affect my visa status?
A: An incorrect I-94 can result in an unauthorized stay or denial of visa extensions and renewals. Prompt correction is crucial.
Conclusion
Errors on Form I-94 can create significant challenges for travelers and nonimmigrants in the United States. By reviewing your records regularly, addressing discrepancies promptly, and seeking professional guidance when needed, you can ensure your immigration status remains in good standing.
If you’re facing issues with your Form I-94 or need assistance with corrections, contact Kodem Law Firm for expert support. Our experienced attorneys are here to guide you through every step of the process.
