HELP!! I-94 incorrect-should be TN but says B2 and expired!

M

midorirec

Member
I'm a Canadian on TN status which expires in january 2021. I'm about to return to Canada for a visit. The last time I re-entered the US was the first week of january 2019. I just went to print out my I-94 and for some reason it says my immigration status is B2 and expired in june 2019. I'm kind of freaking out, worried that they could deny my entry on the way back based on what appears to be an error made by CBP. Is there anything I can do to try to sort this out while I'm in Canada? Or just hope for the best on my way back? Thank you!!
 
Yes my TN stamp says valid until jan 2021. I didn't get any stamps since then. Should I cancel my trip until I can get this sorted out at a deferred inspection site? Or maybe try to get it fixed at the Winnipeg airport (the city I'm visiting) during my stay, to avoid problems on my return? My flight to canada is in 7h so I'm not sure what to do.
 
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Has it been 180 days since the purported I-94 expired? If it has, then if they stick with that I-94, you would trigger a 3-year ban if you leave the US, so you should consider your options carefully. If it hasn't, then leaving the US before it gets to 180 days if you don't get it sorted out by then might be a good idea.
 
Thank you so much for responding. Yes it has been 180 days. It says it expired june 29 of this year. I'm thinking I should go to the deferred inspection site at in San Francisco tomorrow morning first thing. I'd miss my flight but if what you're saying is true I shouldn't take the risk of leaving the US before getting this fixed. Do you think the deferred inspection site is the way to go?
 
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Oh you're right! So, what do you think I should do? I could miss my 8AM flight and try to get it taken care of at the deferred inspection office, maybe catch a later flight. Or I could just hope they are able to correct it on the way back, but I'd risk getting stuck in Calgary. I'm not even sure what I would do if they decided to deny my entry back. Could I apply for a new TN visa with the same company?
 
You should be able to fix this (barely) but remember that each time you enter on anything other than B1 or B2, you need to actually declare this as you enter, otherwise you will be admitted just as you were in January, under B status. And the stamp in your passport isn't enough, you should have had a copy of your TN I-94 in your passport as well.

I'm wondering how many others have had this happen since we went to paperless I-94?
 
nelsona said:
You should be able to fix this (barely) but remember that each time you enter on anything other than B1 or B2, you need to actually declare this as you enter, otherwise you will be admitted just as you were in January, under B status. And the stamp in your passport isn't enough, you should have had a copy of your TN I-94 in your passport as well.

I'm wondering how many others have had this happen since we went to paperless I-94?
Click to expand...
Is there no issue with having worked while officially on B status and then in overstay of that? Will the existence of the previous TN stamp be enough to overcome that?
 
I would recommend go immediately to the CBP office at SFO airport and explain you were incorrectly admitted in January 2019, you were admitted under B2, but should have been admitted under TN. I understand they should be able to correct this in the system, and you should be fine.
I would recommend not leaving the US until this is fixed and you can print out a new I-94 from the CBP system with the correct status.

Please post an update after you have this sorted out.
 
Your B status, and your now lack of status was an error. The fact that you have worked under this erroneous situation cannot be helped at this point. You are trying to fix the error.

Again, it isn't the stamp that is important, it is the I-94 that was issued when you got the TN stamp. You should have this and all paperwork associated with your original TN petition when you go to CBP or USCIS.
 
Thanks guys, they took care of it at the deferred inspection office, it took 5 minutes. I appreciate this forum so much, you guys have helped me maintain my sanity during crisis-mode more than once!
 
Thanks for update. Glad we could help.
Do you know what happened to be incorrectly admitted?
Did you use one of the CBP Automated Machines at airport POE?
I understand you cannot request TN status with one of the Automated Machines. Only B1 or B2 status. You must go to the long lineup.

When you talked to the CBP officer in January 2019, did you specifically request to be admitted under TN status? (and he/she pushed the wrong button, B2, on his terminal). Or were you not clear during you questioning?

I think the lesson to learn is to check you I-94 every time you come back to US.
https://i94.cbp.dhs.gov/I94/#/recent-search
Just to ensure you were admitted under TN.
 
Yes the officer knew I was under TN because I remember him asking me questions about my job in the US. I think he just clicked the wrong box or something, seems unlikely that he would have changed it on purpose and not told me. I didn't use an automated machine and this was actually the secondary inspection area, I guess they wanted to look over my stuff a bit more because I was denied entry the first time I applied for TN back in 2017. Seems like he just made an ignorant mistake, causing me a great deal of stress and anxiety the other day, as well as money since I had to miss my flight so I could resolve the issue at the downtown san francisco office.
 
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