Traveling to the US can be grueling. By the time you get to the window at Customs and Border Protection (CBP), all you want is to get through and be on your way. You may still have hours of travel to your destination.
But diligence and a little extra time at CBP can save you headaches, money, and unnecessary travel later.
I-94 Required for all Foreign Visitors to the US
In addition to your passport, as a foreign national US Citizen and Immigration Services (USCIS) requires you to have an accurate I-94, also known as the Arrival-Departure form.
The I-94 tracks when you enter and leave the US and proves you did so lawfully. CBP used to issue paper forms, but has moved to an online system in recent years.
The I–94 record is electronically managed. CBP primarily manages I-94s on their website and via the CBP One™ mobile app. You can print the most recent I–94 record at cbp.gov.
When you enter the US, CBP no longer stamps your passport. They will record your entry on your electronic form.
I-94 Mistakes or Omissions Common
Despite the importance of I–94 accuracy, errors occasionally do occur as CBP Officers are human. Mishaps may occur.
For land ports of entry, CBP doesn’t stamp your entry to the US anymore.
Hence, the importance of the I–94 record, and remembering to print it.
We have seen instances where the I–94 entry date or other information is wrong. If your entry or departure date is incorrect, it could shorten your stay.
One UK foreign national client in H-1B status entered the country and had the wrong expiration date on her I–94, the one that was before her H-1B extension. It showed only a week left on her H-1B visa.
We get it fixed, but it required her to go to Boston Logan airport, her original port of entry.
Another scenario affects student visas. F-1 student visas intentionally have no end date and are marked duration of status (D/S). This allows students to stay for their full course of study, which can vary from one student to another.
When an I–94 incorrectly shows an expiration date, it can complicate the student’s stay and must be corrected to allow the student to remain in the US legally.
What Happens When Your I-94 Is Incorrect
There are 328 US ports of entry across air, sea, and land. There are only 70 deferred inspection sites, secondary CBP offices where they will take a closer look at your I–94 to correct errors.
If your I–94 is incorrect, CBP requires you to go in person to the nearest CBP port of entry or CBP deferred inspection office.
Our experience with clients is it isn’t that simple.
One client entered in Buffalo, and CBP made an error there, but declined to fix it. They had to seek a deferred inspection site.
Sometimes a closer inspection site like an airport decides it won’t handle your case and sends you back to your original port of entry.
In addition to the UK client mentioned above, I’ve had another client who had to return to Boston to correct their I–94 as that was their port of entry.
Not getting the stamp and ensuring your information is correct at your initial port of entry may mean you need to return to that port of entry or to a deferred inspection site which may be far away.
How to Ensure Your I-94 Is Accurate
When entering the US by land or ferry, to improve your chances of securing a correct I-94 form, apply online for a provisional I-94 at least 7 days before you plan to enter. That lets the post know you are coming and helps prevent mistakes as you enter your information. It is not a guaranteed I-94 process, however, nor does it guarantee it will be correct.
You still need to go through the process and check online that all your information as well as your entry and departure dates are correct.
If CBP refuses to stamp your I-94 at a land port of entry, there may not be much you can do. You will need to seek a deferred inspection site.
If you leave the US by land, however, and CBP does not stamp your I-94, make sure Canada or Mexico stamps your passport so you can prove your departure. Keeping receipts from your trip abroad purchased in another country is a good idea for recordkeeping.
Check with an immigration attorney about your travels in advance to help avoid problems and plan in case your port of entry is known to be difficult.
Please feel free to call me at 630-262-1435 for help with your I-94.