Correcting I-94 Card Errors with USCIS Now Easier!
Posted Apr 30, 2004

The USCIS issued a Memo on March 30, 2004 directing the USCIS District Offices to issue corrected I-94 cards in cases where the USCIS or the Asylum office made the mistake. Hopefully, with the Memo that was released this week, it will be easier to correct I-94 cards issued by the USCIS.

What is the Form I-94?

The Form I-94 is the arrival / departure record and is issued at a Port of Entry upon admission to the United States. It is stapled into one's passport. It is also, sometimes issued when it is attached at the bottom of an approval notice, as a tear-off portion. This occurs when the USCIS approves both a petition and a change of status or extension of status for a person in the U.S. It is this form that establishes a person's nonimmigrant status and the duration of that status in the U.S. Mistakes in this form are often in the nature of typographical errors in the foreign national's name, incorrect dates of validity, incorrect birth date, and incorrect country of origin. We at The Law Office of Sheela Murthy often receive questions about mistakes on the I-94 card and how they can be corrected. The importance of the validity date cannot be stressed enough, since, if the validity date has expired on the I-94 card, a person starts accruing unlawful presence and triggers the 3-year or 10-year bars upon departing the U.S.

Procedure for Correction of I-94 Card

If a foreign national was issued an incorrect I-94 card by the USCIS or Asylum office, the person should go to his or her local District USCIS Office and request that the USCIS officer make the requested correction. The foreign national must demonstrate that the information on the form is incorrect. The officer will review the foreign national's statements and any other supporting documents and determine whether the I-94 card is in error. In order to obtain the correction, the officer must be convinced that there is no fraud or deception involved, either in the initial error or in the requested correction. If the officer is not fully convinced, the requested correction will not be made and the foreign national will need to file the Form I-102 with the USCIS. Such a filing will take time to process and will involve paying filing fees.

In light of this development, applicants should be prepared to document their requests, with items such as birth certificates, passports and other documents for name, birth date, and country of origin changes. Applicants requesting other changes should be able to document the validity of their requests.

POE I-94 Card Errors Should be Addressed to CBP

It is important to note that the USCIS local offices can only correct mistakes on I-94 cards that were made by USCIS or the Asylum office. They cannot correct errors on I-94 cards issued at the airport or any other Port of Entry (POE) by the U.S. Customs and Border Protection (CBP). If there is an error on the I-94 card received at the POE, the foreign national will have to make the request for a correction directly with the CBP and follow their procedures. This is generally possible by requesting the change at the Port of Entry where one entered or at the POE where the person works or resides. Procedures at the various POEs differ, and it may be more difficult in some jurisdictions than others to get the CBP to agree to make corrections.

In order to avoid the need to request corrections at a later time, it is always best to double-check the dates, category, and other information on the I-94 card upon entry, even if one is exhausted or jet lagged after a long flight. If there is a mistake, the request for correction should be made immediately, rather than after the fact, when it can be much more difficult and problematic.