For non-immigrants entering the United States, it is important to understand the key factors that CBP (Customs and Border Protection) Officers consider when processing your entry. Understanding these factors is crucial for ensuring a smooth and lawful entry into the U.S:
Understanding the Role of Your VISA and Passport
CBP Officers rely on your VISA and passport to determine your entry status into the U.S. The officer will check your VISA’s admission classification, as well as the expiration dates of both your VISA and passport. Your I-94 (the record of your admission into the U.S.) will be issued based on the earliest expiration date between your Passport and VISA.
Example:
If your VISA is valid from October 1, 2023, to September 30, 2026, but your passport is only valid until December 5, 2024, your I-94 will be issued for the duration of your passport validity, until December 5, 2024, despite the VISA being valid for a longer period.
Please note that your VISA is the physical sticker in your passport, and it is different from the I-797A or I-797B approval notices you may have received.
The Importance of Your I-94
Many non-immigrants assume that having an extended I-797 automatically ensures their lawful stay in the U.S. However, your stay in the U.S. is governed by your I-94, not just the approval notice.
Whenever you enter the U.S., you will receive a new I-94.
If you do not leave the country and continue to extend your status while in the U.S., the I-94 number will remain the same, but the date will be updated to reflect the extension. You can see this extended approval date at the bottom of your I-797A copy if your extension has been granted.
Who Issues the I-94?
CBP is the only agency authorized to issue an I-94. While USCIS may extend or shorten your I-94, they cannot issue a new one.
What Happens at the Port of Entry (POE)?
At the POE, CBP officers typically do not require your extended H-1B approval notice, as long as you have a valid VISA. Your VISA alone is sufficient for the officer to validate your entry.
If you are entering the U.S. with a VISA that will expire soon but your passport remains valid beyond your VISA’s expiration date, it is advisable to proactively present your extended approval notice to the CBP officer. This will help ensure the officer takes your extended status into account, though the officer may or may not honor this request due to reasons such as long que lines in the POE (or) the fact that they do not typically need to review your approval notice.
Checking Your I-94 After Entry
It is essential for non-immigrants, especially H-1B, H-1B1, H-4, L1B, L1A, L2, R1, R2, P3, TN, E3, E3D VISA holders, etc., to visit the CBP website after every entry into the U.S. to verify their I-94 issuance.
If your I-94 is issued for a shorter duration than your approved extension, you can take the following steps:
- Visit a local CBP office (with an appointment) to request the correction, aligning your I-94 validity with your extended approval notice.
- If the discrepancy is due to an early expiring passport, this correction cannot be made. You will then need to step out of the country and re-enter
- If your I-94 is issued for a shorter period than your approved extension, and the discrepancy is not related to an expiring passport, you can apply for an Extension of Stay before the I-94 expiration date. During the processing of your extension, you can legally remain in the U.S. based on your receipt notice and continue to work.
Conclusion
It is important to consistently keep a track of your I-94 status and take the necessary steps to ensure your stay in the U.S is lawful. Always verify your I-94 after entry and address any discrepancies promptly.
If you have any questions or concerns about your I-94 status or VISA requirements, please do not hesitate to contact our office. We are here to assist you with all your immigration needs.
FAQ’s:
I have a valid VISA, but my passport is expiring soon. How does that affect my I-94?
Your I-94 will be issued for the duration of your passport’s validity, not your VISA’s validity. For example, if your VISA is valid until 2026 but your passport expires in 2024, your I-94 will only be valid until your passport expiration date. To avoid complications, consider renewing your passport before traveling.
I’ve been issued an I-94 for a shorter duration than my approved extension. What should I do?
If your I-94 is issued for a shorter duration than your approved extension, you can schedule an appointment at a local CBP office to request an update. However, this cannot be done if the I-94 was shortened due to your passport’s early expiration. If the discrepancy is based on your extension, they may adjust it to match the approval.
Can I stay in the U.S. after my I-94 expires while I wait for an extension approval?
Yes, you can stay in the U.S. lawfully if you’ve applied for an extension of stay before your I-94 expires.
Do I need to show my extended approval notice (I-797A) to CBP officers at the port of entry?
In most cases, CBP officers do not require your I-797A extended approval notice. A valid VISA is sufficient for your entry. However, if your VISA is close to expiring and you have an extended approval, you can proactively show the I-797A to request that your entry is aligned with the extended approval dates.
What if I don’t check my I-94 after entering the U.S.? Will it affect my stay?
Not checking your I-94 after entry could lead to future issues, especially if the dates do not match your approved extension. It’s crucial to verify your I-94 online immediately after entry. If there’s a discrepancy, you can visit a CBP office to correct it before it causes any problems.
Can I get my I-94 corrected after entering the U.S. if it was issued for a shorter period than my VISA extension?
Yes, if your I-94 is issued for a shorter period than your extension, you can visit a CBP office to request a correction. However, this can only be done if the discrepancy isn’t due to an expiring passport. Make sure to book an appointment at the CBP office to resolve the issue.
Why do some CBP officers not honor my request to extend my I-94 based on my I-797A approval notice?
CBP officers may not always honor the request to extend your I-94 based on your I-797A because their process typically does not require reviewing the approval notice. Additionally, long queues at the Port of Entry and the fact that the officer only needs to verify your VISA validity may contribute to their decision not to adjust the I-94.
If I receive an I-94 for a shorter duration than my approved extension, can I continue working or studying?
You can continue pursuing the intent of your status (such as working or studying) only until the validity of your I-94. If the I-94 is issued for a shorter duration than your approved extension, you should promptly address the issue. You can either visit a CBP office to get it corrected, or if your I-94 is about to expire, you can file for a timely extension of stay. This will allow you to continue the intent of your status while your extension is processed.
Can I avoid these issues by always carrying my I-797A approval notice when traveling?
While it’s a good idea to carry your I-797A approval notice when traveling, it will not guarantee that CBP officers will honor your request to extend your I-94. Since the VISA validity is typically sufficient, the approval notice is usually not required at entry. It’s essential to verify your I-94 online after entering and address any discrepancies through the proper channels.
What should I do if I realize that my I-94 was not issued until the validity of my Extended Approval, and a significant amount of time has passed?
In this situation, it is recommended to consult with an experienced immigration attorney as soon as possible.
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