I-94s Must Be Corrected at Source of Error
Posted Jan 09, 2004

According to the American Immigration Lawyers Association (AILA), the California Service Center (CSC) takes the position that it will only correct I-94 card errors that it produces. Therefore, if there is an error made at a Port of Entry (POE), the CSC expects the foreign national to contact the U.S. Customs and Border Protection (CBP) to have the error corrected. The CBP recommends taking the I-94 card to the deferred inspection office that is nearest the foreign national's U.S. address.

As a reminder, it is the expiration date on the I-94 card, and not that on the visa stamped in the passport, that determines when a person becomes unlawfully present. It is, accordingly, especially important that one's most recent I-94 card have the correct expiration date. It is also important to have the correct date of entry, as the USCIS will occasionally ask for this information, and the I-94 card is the best proof available.

The most effective way to avoid undue complications is to check the I-94 card at the POE. Many people are nervous or excited and forget to take this extra step at that time. It is much easier, however, to address the error immediately and at its source. If an error is made, one should ask the inspector to correct the card. If that fails, one should ask for a supervisor. A person who discovers an error on his/her I-94 card after entering the U.S., but who is not sure how to have the I-94 card corrected, should contact an immigration attorney for advice or assistance to see if and how the matter may be resolved.

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