I-94 Wrong? Fix It Fast, Protect Your Status
Understand how deferred inspection and I-94 admission corrections work so you can fix government errors fast, avoid unlawful presence, and protect your status.
Conversational overview: why admission errors are so dangerous
You arrive tired, clear inspection, go home, and only days later you check your I-94 online and see the nightmare: wrong status, wrong class of admission, or a shortened expiration date that cuts months off your stay. It feels like your entire plan in the U.S. is at risk. The good news: when the problem is a CBP error, there is a structured way to fix it—often through deferred inspection sites and related channels—before it turns into unlawful presence, loss of work authorization, or a future visa denial.
What is deferred inspection and when is it used?
Deferred inspection at entry: pending decision, not a denial
Deferred inspection is a procedure used by U.S. Customs and Border Protection (CBP) when the officer at the port of entry cannot complete the admissibility decision on the spot. Instead of refusing admission immediately, CBP may parole the traveler into the U.S. temporarily and refer them to a Deferred Inspection Site to present additional documents and finalize the decision later. 0
During this period, the traveler is not yet fully admitted in the requested status, but also is not simply “illegal.” The case is still pending, and the person must appear at the deferred inspection appointment with the requested evidence.
Deferred inspection for correcting admission records
Beyond pending cases, many Deferred Inspection Sites now serve a second crucial function: correcting clear CBP errors on the Form I-94, including:
- Wrong class of admission (e.g., F-1 recorded as B-2).
- Incorrect admit-until date that does not match the underlying approval notice or “D/S”.
- Mismatched or missing name, passport number, or date of birth.
- No I-94 created at all after a lawful entry.
These offices are meant to fix government mistakes, not to grant extra time or change status by discretion. Requests to extend, change, or adjust status go to USCIS, not to deferred inspection officers. 1
| Scenario | Who fixes it? | Tool |
|---|---|---|
| Wrong class / admit-until due to CBP typo | CBP / Deferred Inspection | Deferred Inspection, TCC webform |
| Need more time in valid status | USCIS | I-129 / I-539 / other |
| Suspected overstay caused by short I-94 | First CBP (error check), then USCIS/attorney | Correction + legal strategy |
Correcting admission errors: practical and legal framework
Step 1: Check your I-94 immediately
After each entry, retrieve your I-94 from the official CBP website and confirm:
- Name matches your passport.
- Class of admission matches visa/approval (H-1B, L-1, F-1, O-1, etc.).
- Admit-until date matches your approval notice or “D/S” when applicable.
- Passport number and country are correct.
Many high-risk problems (unintended overstays, unauthorized work) start with a small typo that nobody corrects in time.
Step 2: Identify if it is a CBP error or a real legal limit
Immigration strategy depends on whether the issue is:
- Government error: e.g., CBP shortened your stay below your petition validity, mis-typed class, or skipped “D/S”. This is what deferred inspection can fix.
- Substantive decision: CBP intentionally admitted you for a shorter period or in a different status based on facts at the border. This usually cannot be “corrected” by arguing typo; it may require a new filing or travel.
Step 3: Use remote channels before in-person deferred inspection
In many cases, you can start by using CBP’s electronic channels (such as the Traveler Communications Center / “Ask CBP” webform) to request an I-94 correction. If that does not resolve the issue, contacting a Deferred Inspection Site—some accept email; others require in-person visits—is the next step. 2
Prepare clear, organized evidence:
- Copy of incorrect I-94.
- Passport biographic page.
- Visa stamp and I-797/I-129S or other approval notices, if applicable.
- Entry stamp (if any) and travel itinerary/boarding passes.
- Short written explanation highlighting the error and requested correction.
Step 4: Understand what deferred inspection cannot do
Deferred inspection officers generally cannot:
- Extend a correctly issued I-94 just because you prefer more time.
- Override USCIS decisions or approve change/extension of status.
- “Backdate” unlawful presence away if the problem was your delay in acting.
Requests to extend or change status must follow normal USCIS procedures; deferred inspection is for fixing admission record inaccuracies, not for strategic time extensions. 3
Real-life styled examples and models
Example 1: H-1B admitted with B-2 by mistake
An employee enters with a valid H-1B approval through October 2027. Online I-94 shows B-2 visitor, 6-month stay. This is a classic CBP error. The employer’s counsel gathers the I-797, visa, passport, and I-94 and contacts CBP via TCC. When unresolved, they schedule with Deferred Inspection. CBP corrects the I-94 to H-1B through 2027. Result: work authorization preserved, no unlawful presence.
Example 2: F-1 student missing “D/S”
A student’s I-94 is issued with a fixed date instead of D/S. University DSO flags the risk: if not fixed, the student could appear out of status after that date. With passport, I-20, and entry records, the student requests correction. Deferred inspection updates to “D/S,” aligning with regulations and avoiding technical violations.
Example 3: No I-94 after lawful entry
A traveler in L-1 status cannot find their new I-94 online. Payroll and I-9 verification stall. Using CBP contact plus deferred inspection, they confirm the admission and generate the missing electronic I-94, restoring documentary proof of lawful status.
Common pitfalls when trying to correct admission errors
- Waiting months to check the I-94 and discovering the error after the “expiration”.
- Assuming the visa expiration date controls stay, instead of the I-94.
- Trying to “extend” a correct I-94 via deferred inspection instead of filing with USCIS.
- Traveling or changing employers without first fixing a clear I-94 mistake.
- Sending incomplete documentation, vague explanations, or contradictory dates.
- Ignoring professional advice when the record suggests possible unlawful presence.
Conclusion: treat I-94 corrections as urgent risk management
Errors in your admission record are not just technical details; they control whether you are lawfully present, permitted to work, and eligible for future immigration benefits. The deferred inspection mechanism and CBP correction channels exist precisely to fix genuine mistakes—but they work best when you act quickly, bring strong documentation, and understand their limits.
If your situation involves more than a clear typo—or if time has already passed—consider involving a qualified immigration attorney to design a strategy that combines corrections, USCIS filings, and, when necessary, new travel to realign your record.
These explanations are general information and do not replace individual legal advice from a qualified immigration professional who can analyze your specific case, timelines, and risk exposure.
Quick guide: how to react to an admission error
- Right after entry: Access your I-94 online, confirm name, class of admission, admit-until date, passport number.
- If something is wrong: Screenshot the I-94, keep your boarding pass, entry stamp, visa, approval notices (I-797, I-20, DS-2019, etc.).
- Is it clearly a CBP typo? (wrong class, wrong date versus approval, missing D/S, biographical typo) → request correction, not an extension.
- Use official channels: start with CBP online contact / email if available; if needed, request help from a Deferred Inspection Site.
- Be objective: short written explanation + copies of all supporting documents in one PDF.
- Track timing: do not wait near or past the incorrect expiration; treat correction as urgent risk control.
- Border decision vs. error: if CBP intentionally limited your stay, you likely need a USCIS filing or new entry, not a “correction”.
- When in doubt: consult an experienced immigration attorney before accumulating unlawful presence or traveling again.
How do I know if my I-94 error can be corrected by CBP?
If the mistake conflicts with your valid documents (approval notice, visa, I-20/DS-2019) or is clearly a typo in dates, class, or biographic data, CBP/deferred inspection is usually the right channel.
What if CBP admitted me for less time than my petition validity?
If all documents were valid through a later date, you can request CBP to align the I-94. If the officer had reasons to limit admission, it may not be fixable as a simple error.
Does an incorrect I-94 immediately make me unlawfully present?
No, but if you do nothing and the erroneous date passes, systems and future adjudicators may treat time after that as unlawful presence. Correcting quickly is essential to avoid this dispute.
Can deferred inspection extend my stay or change my status?
No. Deferred inspection corrects government record errors. Requests for more time or a new status must go through USCIS or a new admission.
Should I keep working if my I-94 is wrong but my petition is valid?
Work authorization is tied to the I-94. In many employer cases, attorneys recommend urgent correction before relying on continued work; strategy should be confirmed with counsel.
Can I fix admission errors by filing with USCIS instead of CBP?
Sometimes yes (for example, extension or change of status to cure issues), but if it is purely a CBP typo, correcting directly with CBP is cleaner, faster, and avoids mixed records.
What documents should I bring to a deferred inspection appointment?
Passport, visa, current and prior I-94s, approval notices, I-20/DS-2019 if applicable, entry stamp, boarding passes, and a concise letter explaining exactly what correction you request.
Legal & policy reference toolbox
Statutory framework
- INA § 235: governs inspection, admission, expedited removal, and the authority of CBP officers at ports of entry and deferred inspection locations.
- INA § 212(a)(9)(B): unlawful presence and the 3/10-year bars, triggered by remaining beyond the period of authorized stay.
Regulations and official practice
- 8 C.F.R. § 235: procedures for inspection, deferred inspection, and related parole decisions.
- Form I-94 rules: the I-94 issued by CBP or USCIS is the key record of class of admission and authorized stay; its terms usually control over visa foil dates.
Operational guidance & resources
- CBP Deferred Inspection Sites: local offices authorized to finalize inspections and correct clear I-94 errors based on proper documentation.
- CBP I-94 Website & Traveler Communications Center: official portal to access the I-94 and submit correction requests when appropriate.
- USCIS policy guidance on unlawful presence: clarifies how unlawful presence is counted from I-94 expiry and how certain timely-filed applications may protect a period of stay.
Strategic reading for complex cases
- Agency FAQs, policy memoranda, and liaison minutes on I-94 errors and corrections.
- Practice advisories from reputable immigration law organizations analyzing deferred inspection, parole, and unlawful presence risks.
This toolbox section is designed so the reader understands that corrections must align with the INA, federal regulations, CBP operational guidance, and USCIS policy—avoiding “creative” fixes that conflict with the official record.
Final considerations: protect your record before it becomes a problem
Treat every entry as a legal event, not just a travel formality. A single wrong code or date on your I-94 can affect work authorization, studies, future visas, and even trigger inadmissibility bars if ignored. Checking your record early, using deferred inspection correctly, and organizing strong documentation are simple actions that prevent expensive damage later.
If your situation involves potential overstay, prior violations, complex travel history, or mixed records from CBP and USCIS, a personalized review by a qualified immigration attorney is strongly recommended before you travel, change employers, or file new applications.
This text is an informational guide and does not replace individualized legal advice. Only a licensed immigration professional who reviews your complete history, documents, and timelines can confirm your options, assess unlawful presence risks, and design a safe correction or compliance strategy for your specific case.
