The United States immigration system is complex and a challenge for many immigrants, individuals with permanent residency status, and their families to understand. Obtaining legal status is one challenge; maintaining legal status is an entirely different challenge.
One often-overlooked detail for certain visa holders is the I-94 record of admission, which governs how long you are permitted to stay in the country. Misunderstanding your I-94 duration, especially as it pertains to your passport’s expiration date, can lead to serious penalties and cost you your status. Knowing how to track and protect your status is essential for anyone holding a US visa.
I’m An E Visa Holder. Why Was My I-94 Issued for Less Than Two Years?
If you’re entering the US on a visa, such as an E-1 or E-2, you can expect to receive the maximum duration of stay—typically two years. However, when you’re entering the US and your passport is set to expire before the full maximum admission duration, US Customs and Border Protection (USCBP) normally will issue the I-94 for a shorter period, ending on the passport’s expiration date.
Many people remain unaware of this policy, particularly now that USCBP no longer provides admission stamps in passports indicating the admission length. Instead, travelers must proactively download their I-94 record from the official USCBP website to confirm the specific dates of their authorized stay.
When you lose track of these timelines and fail to maintain proper status, you will not only risk having your visa invalidated but can also face long-term restrictions from entering the country. For example, a stay of more than six months beyond the I-94 expiration may result in a three-year bar from re-entering the US, while longer overstays can lead to a ten-year ban. The immigration system in the United States puts the burden of keeping track of this status on you.
How Do I Clarify and Protect My Status?
Sometimes, the limitations of your I-94 duration come at no fault of your own. Errors in I-94 records are surprisingly common, whether due to system glitches or mistakes at the port of entry. These errors can range from incorrect visa classifications to unreasonably shortened admission periods. Unfortunately, USCBP will not proactively identify or correct these mistakes—again, that responsibility falls on the individual.
You should review your I-94 each time you travel. If you discover an error, it’s necessary to take immediate action. This includes:
- Identifying the specific error or issue
- Gathering the necessary documentation to correct it
- Contacting CBP at either Deferred Inspection Sites or Ports of Entry
For many, the challenge begins with simply knowing where to look for this information. Without physical admission stamps in passports, travelers often don’t realize they need to access and review their records online after every entry into the US. It’s important to talk to an experienced attorney when you’re unsure of your status or the factors that impact it.
Protect Your Status With Effective Immigration Solutions
Maintaining your legal status in the US requires constant attention and proactive steps. By regularly checking your I-94 record and addressing any issues promptly, you can avoid the consequences of overstaying or incorrect classifications. At Valvo & Associates, we understand the challenges of these requirements and are here to provide personalized guidance for your immigration needs. If you’re concerned about your I-94 admission or other immigration matters, contact us today to ensure your status remains active and protected.