Port of Entry Error

M

meetashish

Registered Users (C)
Hello people,

My brother entered US on 14-Dec-04, POE was Chicago O'Hare airport.

At the airport, the POE inspector verbally said that the last day you can stay in US is 14-Jan-05 (same as return ticket) but while stamping on the I-94 its mentioned 01-Jan-05.

Do you think that was a mistake or it was done on purpose? Is there any way we could extend it OR is there any way he could stay till 14-Jan-05. Its a mess rescheduling the return ticket now :-(

Any suggestions from the experienced people? Thanks.

Ashish Shah

p.s. there was an annotation in his passport that "visiting brohter in US for 3 weeks"
 
You guys are just doing a great job at this portal,

Rocky, do you think I can go to a local INS office for filing an extension? Could you please let me know where and whom should I consult for this.

Also since its been just 2 days he has been here, does it look good to file for an extension, what are the chances of getting that extension approved?

Thanks a lot guys, you have given me a new hope.

Cheers,

Ashish Shah

p.s. if anyone can help me I am ready to pay appropriate fees, my contact is "shah.ashish at runbox dot com"
 
Port of Entry Error --Dont need 539 from USCIS

We just called the USCIS customer service (official number) and they said that we DON'T need to file an extension form 539 since that form needs original I94 which we cannot submit since he ll be leaving in 2 weeks.

They said, even though his I94 expires on 1-Jan-05 its okay for him to overstay for those 12 days and leave by 14-Jan-05. They just told us to keep all this documentation with us.

Now I am not sure all this is verbal communication, is there any way we could trust their words so that in future we don't end up having problems ? Should we trust?

Ashish Shah
 
File the extension!!!! An overstay will cancel your visa. If you file an extension and depart the USA before your approval or denial letter you will still be okay because you filed an extension prior to the date given on your I-94. When you depart the airline will ask you for the I-94, just tell them you need to fill out another I-94 because your orginal was sent in for processing your extension. DO NOT OVERSTAY WITHOUT AN EXTENSION. You may not have any problems on your next trip to the USA, but you may have problems on your 4th or 5th trip because the data is in the system and someone notice that you overstayed.
 
So are you saying that we shouldn't trust what the USCIS officers say, since they advised us not to file for the extension and it should be okay to overstay(over the phone, official USCIS phone number, 1-800-375-5283).

I am asking this because I am confused as USCIS officers advised not to file extension.

Ashish Shah

p.s. Rocky, just as a request, if you don't know for sure, please leave it for others to reply who might have gone through similar experience.
 
File extension...

Hi,

I agree with what Rocky has said. You can and should file your extension with just a copy of the I-94 as some folks have done. Then you are covered on both ends. If they approve, well and good. If they dont, then you have your original I-94 to give during departure.

Good Luck!
 
if the mistake was made in port of entry there exists a procedure to return there and have it corrected. please search old posts for exact memo or the uscus website.
 
meetashish,

Please follow following procedure in order to reolve your issue:

Source: pbv.gov:
-------------------

Question:
What to do if your I-94 is lost, has incorrect information, or was not stamped by a CBP officer when you entered the United States

Answer
If your I-94 was not stamped with a departure date or was filled out incorrectly, you may go to a local CBP field office to have it corrected. Many offices have limited hours for administrative work, so call ahead to make sure there will be someone available to help you. If you can't find an office, call 877-CUSTOMS and ask for assistance.

If your I-94 is lost or stolen, you will have to replace it. U.S. Citizenship and Immigration Services will handle this, and there is a charge.

Good luck!

meetashish said:
So are you saying that we shouldn't trust what the USCIS officers say, since they advised us not to file for the extension and it should be okay to overstay(over the phone, official USCIS phone number, 1-800-375-5283).

I am asking this because I am confused as USCIS officers advised not to file extension.

Ashish Shah

p.s. Rocky, just as a request, if you don't know for sure, please leave it for others to reply who might have gone through similar experience.
Click to expand...
 
This is an amazing site !!!

Wow feb6361 you are absolutely amazing !!! Thanks waitin_toolong and rocky7 for your responses as well.

You guys are doing a fantastic job here and after talking to some USCIS officers they had told me the same to go to the local CUSTOMS office.

Thanks you guys, all my questions are fully answered !!!

Regards,

Ashish Shah
 
I-94 issue

Hi All,

I made a grave mistake while filling new I-94 while entering US from Canada. I misspelled my last name incorrectly in the bottom portion of I-94--missed some letters. I was in a hurry to catch a flight, it didn;t strike me immediately when I was in the plane that I realized that I misspelled my last name. Am I in a major problem? Whats the way of rectifying it, I am really scared and not sure what to do....Can u guys let me know whats the best possible solution....Expecting a early response....

Thanks
:confused:
 
I-94 issue

I guess you might have already figured this out by now, but anyways this information is for people trying to find answers to such questions as yours...

Please go through the following website to get an answer to your question:
http://www.path2usa.com/immigration/visitorvisa/port_of_entry.htm

"
I94 related information:

Always double check the dates and other relevant information on the I94.
If there is any mistake like Type of Visa, Date given by the officer is not correct you should immediately let the officer know and get it corrected.
In case you noticed that the information is not correct later. Contact your local CBP (Customs) office or call 1- 877-CBP -5511 Monday-Friday, between 8:30 and 5:00 Eastern Time.
"

Also this link may be useful to find your local CBP:

http://www.customs.ustreas.gov/xp/cgov/toolbox/contacts/ports/nj/4601.xml

Hope you find this helpful.

supa.
 
Thank you supa I found the information you provided very helpful, I had the same problem the dates were wrong.

But the most important thing is that you do not want to overstay even if is 1 day you will void your current visa, that is really BAD, I included some additional information

so i found on this page http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/arrival_departure_record.xml

this:
"
How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.

Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.

Currently, there is not an approved form to request the correction of inaccurate information recorded on the I-94 or I-95 Form at the time of entry into the United States. You will need to bring the questionable I-94 or I-95 Form and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.

The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the I-94 or I-95 Form that has been lost, stolen or mutilated must be filed with USCIS.

Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the I-94 Form will not be corrected. Under these circumstances, you will be required to file an I-539 Form with USCIS. .

"
this other page is helpful it provides the description of the "Deferred Inspection", that is what you need to get the i94 corrected:
http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/overview_deferred_inspection.xml

it includes a list of the deferred inspections sites is important that you call before and dont show up probably you will lose a lot of time, so call and try to get an appointment for a "Deferred Inspection"

this is the link of the "deferred inspection" sites http://www.cbp.gov/linkhandler/cgov...ction_sites.ctt/deferred_inspection_sites.pdf

So you go over and explain to the officer what happend and how you got your i94 wrong you have to take all the support documents of your claim, it could be different for each case.

Good luck to everyone I hope this can help.
 
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