byImmigration
Travelers entering the United States, especially those on nonimmigrant visas, often face unexpected hurdles at Customs and Border Protection (CBP) checkpoints. One common yet complex issue is related to the I-94 Arrival/Departure Record, particularly when the traveler presents an expired passport. This situation can result in incorrect I-94 entries or shortened durations of stay, which may cause significant immigration consequences if not addressed promptly.

Understanding the I-94 and Its Importance

The I-94 is a critical document issued by CBP that records the date a traveler enters the U.S. and the authorized period they are allowed to stay. The expiration date on the I-94 — not the visa stamp — governs how long a person can remain lawfully in the country. An expired passport can complicate this process. CBP officers often limit the duration of stay on the I-94 to match the passport’s expiration date, even if the visa classification would otherwise allow a longer period. This can result in:
  • A shorter I-94 validity than expected
  • A mismatch between visa status and authorized stay
  • Risk of falling out of status if not corrected

Common Scenarios

1. CBP Issues a Shorter I-94 Due to Expired Passport

A traveler enters on an H-1B visa valid for three years but presents a passport that expires in one year. CBP grants an I-94 that expires in one year, leading to potential overstay issues if not noticed.

2. Traveler Not Aware of Shortened I-94

The traveler assumes their stay is valid as long as their visa or approval notice, not realizing the I-94 governs their lawful stay. Overstaying this date can trigger unlawful presence and bar re-entry in the future.

Options to Cure I-94 Errors or Shortened Duration

1. CBP Deferred Inspection

If the traveler notices the discrepancy after entry, they may visit a Deferred Inspection Site. These offices are authorized to correct I-94 errors when supported by proper documentation, such as:
  • A renewed passport
  • Visa approval notice (e.g., I-797 for H-1B or L-1)
  • Travel records
Important: Not all errors qualify for correction through deferred inspection. If the I-94 was issued correctly based on the expired passport, CBP may refuse to amend it.

2. USCIS Extension of Stay

If CBP declines to correct the I-94, the traveler may file for an extension or change of status with USCIS (e.g., Form I-539 or I-129, depending on the visa). This must be done before the I-94 expires to maintain legal status.

3. Exit and Re-Enter with Valid Passport

Once the traveler obtains a new passport, they can travel outside the U.S. and re-enter, ideally with:

  • A valid visa
  • New passport with longer validity
  • Supporting documents

Upon re-entry, CBP should issue a new I-94 reflecting the appropriate duration based on the visa type and passport validity.

Preventive Tips for Travelers

  • Always check the I-94 upon arrival (available online at i94.cbp.dhs.gov).
  • Renew passports early, especially when visa status depends on extended stay.
  • Consult an immigration attorney if there is any confusion or potential issue.
  • Keep travel records and copies of all documents presented at the border.

Need Legal Help?

If you’re facing I-94 issues or have concerns about your immigration status, it’s essential to get the right legal advice.

Contact the Shah Peerally Law Group for a consultation. With years of experience in immigration law and a strong track record of success, we can help you navigate complex entry issues and protect your legal status in the U.S.

📞 Visit www.peerallylaw.com or call our office to schedule your consultation today.