Inaccurate I-94 Records Pose Problem For U.S. Nonimmigrants

One of the big challenges of travelling to the USA these days is the matter of maintaining an accurate I-94 record. Anecdotally many U.S. immigration attorneys have been reporting inaccuracies in their client’s I-94 records. These errors or omissions can have serious negative consequences for immigrants seeking to establish themselves in the United States. Consequences can be anything from loss of current U.S. status, failure to get permanent resident status, failure to qualify for citizenship, or even deportation, not to mention tax issues related to establishing “residence,” Social Security, and even Department of Motor Vehicles licensing issues.

Simplified Arrival And Stampless Entry

The problem has arisen because of a change of U.S. Customs and Border Protection (UCBP) policy at border crossings. In April 2022, USCBP implemented a “Simplified Arrival” at ports of arrival to the USA. The goal was to streamline and digitize the legal entry process and then in August 2022, a pilot program called “Stampless Entry” to eliminate ink stamps in passports at entry was implemented. Later that year, USCBP confirmed that this program was here to stay and to be expanded. USCBP also indicated that officers could continue to stamp passports upon request, although anecdotally, that policy was not being followed uniformly

In the face of the change, most U.S. immigration attorneys began to encourage foreign national clients to always download their I-94 from the USCBP’s online system as well as check their I-94 history, each time they enter the United States. If clients discovered any discrepancies they were encouraged to promptly take action to make any necessary corrections. In short, as of early 2022, all current I-94s and history for land entries have been entered into the I-94 online system, and USCBP has stopped issuing paper I-94s altogether.

Ink Stamps Are Sometimes Wisest

Stampless entry is challenging for many nonimmigrants coming to the United States. Ink stamps for nonimmigrant visa holders can be critical to proving maintenance of status, H and L recapture issues, or L-1 intermittent work, to name just a few matters the USCIS deals with. Since the experience of some, if not many nonimmigrants, has been that the I-94 online system is not always accurate, it remains to be seen how all the U.S. government agencies will shift to solely relying on the I-94 for proof of legal entry.

This matter is particularly important to Lawful Permanent Residents (LPR). LPR entries are not tracked in the USCBP I-94 online system, and that can become an issue at the naturalization stage where LPRs have the burden of proof for documenting absences. While LPRs may request an ink stamp upon each admission to the United States, it would be wise for LPRs to keep contemporaneous evidence of international travel such as itineraries, flight status emails, hotel, and other travel receipts to be able to prove continuous residence in naturalization proceedings.

Correcting the I-94 Record

If a U.S. nonimmigrant is unable to access their I-94 or if they notice an error on their I-94, they should request a correction of the I-94 record by sending an email to the CBP Deferred Inspections Office at [email protected] explaining the issue and the correction that they are requesting. They will then be provided with an outline of the procedure required to make the correction. Also, to facilitate quicker land crossings, the USCBP has implemented a procedure that can be used to apply for an I-94 record before arrival. An applicant wishing to resort to this procedure must pay a small fee and provide details regarding themselves and the proposed trip to the U.S. in advance of arrival at the port of entry. They are provided a receipt and preliminary I-94 form which they must present at the border to obtain entry. This does not apply to air travel.

Wise Practice

Hopefully, in time, USCBP will get its record keeping down and the errors will no longer be a problem. Until then, the wisest practice is to check your I-94 record online after entry and correct any mistakes as soon as possible.