I-94

An error on your I-94 card may seem like a small mistake, but it can have serious immigration consequences. Many people don’t realize that an incorrect I-94 can cause an overstay, trigger unlawful presence bars under INA 212(a)(9)(B), or even lead to a finding of misrepresentation under INA 212(a)(6)(C)(i).

We frequently receive inquiries like:

• Overstay because of wrong I-94
• I-94 stamped with wrong visa
• I-94 record not matching passport
• I-94 admission record error at land border
• I-94 not available online after arrival
• I-94 expiration date wrong
• I-94 number incorrect
• I-94 not found or not updated after travel

If you’re asking yourself questions such as:

• Can I travel with incorrect I-94?
• Will an I-94 error cause unlawful presence?
• How do I fix an I-94 mistake?

You’re not alone. The good news is that most I-94 errors can be corrected with the right legal strategy.

Common I-94 Errors That Lead to Overstay

Some of the most frequent I-94 issues we’ve seen include:

• Being stamped under the wrong visa category such as an L-2 spouse stamped as B1/B2 visitor
• Incorrect expiration dates or shortened duration of stay
• Admitted under ESTA (Visa Waiver Program) when a proper visa like J-1 or F-1 applies
• Mismatched name, birthdate, or passport information
• Record not showing up online after arrival

Even when travelers do everything right, Customs and Border Protection (CBP) errors can put their immigration status at risk.

Successful Case 1: L-2 Spouse Incorrectly Stamped as B1/B2 Visitor

One of our clients entered the U.S. as the spouse of an L-1 visa holder. She should have been admitted in L-2 status, which would allow her to live in the US and apply for work authorization. Instead, her I-94 was mistakenly issued under B1/B2 visitor status, which only permits short visits.

This error made it appear as though she had overstayed her visa after six months, even though she was fully eligible for L-2 status. Our legal team gathered documentation, worked directly with CBP, and successfully corrected her I-94 to reflect L-2 classification. Her record was cleared, and she remained in lawful status without leaving the US.

Successful Case 2: ESTA Entry Instead of J-1 Visa

Another client, a medical trainee, had a valid J-1 visa for his exchange program. At the airport, a CBP officer mistakenly admitted him under ESTA (Visa Waiver Program). ESTA is only valid for 90 days and does not allow extensions or changes of status.

Because of the mistake, his file showed that he had overstayed ESTA, even though he was fully compliant with his J-1 program. We filed a correction request, submitted a detailed legal brief, and coordinated with both CBP and his J1 sponsor. His I-94 was updated to show J-1 status, and the overstay flag was completely removed.

Don’t Let an I-94 Error Derail Your Immigration Journey

If you’ve discovered an I-94 error, whether it’s a wrong visa classification, expiration date, or entry record it’s critical to act quickly. Our firm has successfully resolved I-94 correction cases for clients in situations involving all different types of visas. We know how to navigate CBP, consulates, and USCIS to protect your immigration status.

Call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll review your I-94 issue, explain your options, and take action to fix the error before it creates long term immigration problems.

I-94 Correction

Over the years we’ve had many clients come to us with I-94 issues.  With our extensive expertise we were able to fix those issues for our clients quickly.  Failure to take action to make I-94 corrections will lead to major negative outcomes to your current legal status and for future visa and green card applications.  Here are a few examples of the issues that we were able to correct and negative outcomes we were able to avoid for our clients.

In one case, we had a client come to us after realizing that both his passport number and date of birth were both listed incorrectly on his I-94.  He discovered the error when reviewing his documents prior to retaining us to process his green card application.  After we took his case, we had to analyze his documents and determine where the error originated and who was responsible for the error.  Fortunately, the error was not caused by our client and was caused by US immigration so we could correct his I-94 very quickly.  However, even if the error was made by our client, we would still be able to get his I-94 corrected but it would have been much more difficult.  If we did not correct his I-94, it would have left him open to an accusation of fraud or misrepresentation – INA 212(a)(6)(c)(i).  For more information regarding INA 212(a)(6)(c)(i) See https://messersmithlaw.com/ina-212a6ci/ and https://blog.messersmithlaw.com/?p=259

In another case, a client with an H1B visa came to us because his I-94 card had a shorter validity than he previously approved H1B petition.  He had filed an H1B petition while in the US and it was approved for a 3 year term.  He then traveled outside of the US and upon entry, he was given a I94 which was valid for just 18 months.  He did not discover the discrepancy until it was time to apply for an H1B extension and at that point, his I94 had expired more than one year prior.  As a result he had been in the United States without status working for over one year which meant he accrued more than one year of unlawful presence and was then subject to the unlawful presence bar.