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Frequently Asked Questions |
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How does one correct an error on an I-94?
The basic rules are that whichever Department of Homeland Security agency made the mistake is responsible for correcting it; and the sooner the error is brought to their attention the better.
It is not uncommon for the Customs and Border Patrol (CBP) to make errors on I-94s during the inspection and admission process. Common errors include admission in the wrong classification (e.g., H-4 dependent instead of H-1B principal applicant), and shorted expiration dates matching the visa and not the longer petition validity date, etc. Employees and their dependents should be advised to review the actions of the inspecting officers at the port-of-entry or pre-flight inspection point, to ensure that the class of admission and the expiration date entered are correct. When possible, these errors should be resolved immediately at the port-of-entry or pre-flight inspection point. Alternatively, the error can be corrected at a deferred inspection facility after arrival in the U.S.
USCIS will correct errors made by their agency through the filing of a Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document. No fee is required if the incorrect information is due to no fault of the applicant, but the fault of the agency. If the error is caught prior to adjudication of a pending petition/application, or at the time of issuance, the agency may be able to make the correction without requiring the filing of the Form I-102.
Foreign nationals and their employers should review new I-94 cards to ensure that the information is correct. In general, the last agency action governs. An error on an expiration date could result in an earlier-than-expected end to work authorization and/or status; an error in the class of admission could override any employment authorization previously granted; or an error in date of birth or name could result in lengthy delays in obtaining a social security number or other benefit.
Any errors or discrepancies should be brought to the attention of your legal representative as soon as possible.
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