In a recent liaison meeting, the U.S. Customs and Border Protection (CBP) addressed concerns about commonly occurring “implied departure” errors in the I-94 arrival/departure system and offered suggestions on how to correct them. “Implied departure” may be registered when a traveler books an outbound flight but then changes plans and does not actually leave the United States. Even though the traveler never physically left, the I-94 arrival/departure system often incorrectly records a departure. This may seem like a minor and inconsequential matter – after all, the government is eager to ensure that visa holders do not overstay and leave the United States on time so a fictional departure may not appear too bad. However, incorrectly recorded departures may have very serious consequences and it is important to recognize their significance and know how to address them.
USCIS officers and the CBP I-94 Entry/Exit System
Incorrectly recorded departures can become problematic when visa holders are restricted from travelling abroad while they have certain immigration cases pending with USCIS. Such restrictions are usually triggered when foreign nationals apply to change their status from one nonimmigrant visa classification to another, or when they file permanent residence applications. USCIS officers usually pull arrival and departure information from I-94 database. The I-94 system is not the only government database that USCIS officers are supposed to use when making case decisions. In practice, however, many adjudicators appear to base their decisions exclusively on the information from the I-94 system and fail to check other available data to corroborate their findings. This has naturally led to multiple improperly denied cases.
What is the government doing about this
There are several different agencies that administer immigration laws in the United States and unfortunately they do not maintain a single and unified database. CBP reports that they continuously upgrade the I-94 system and the number of erroneously recorded exits is decreasing. CBP is also working with their partners at USCIS and ICE to provide training about the I-94 system. This is just one among many government databases and it is not a one-stop, comprehensive solution by far. For example, the I-94 system does not always include record when foreign nationals enter or leave the U.S. through a land post or when an I-94 card is re-issued. Such events are recorded in other government databases. This is why government officials are being trained to consult all available information prior to making final case decisions.
How can foreign nationals correct improperly recorded departure dates in the I-94 system
Carriers routinely transmit passenger information to CBP. When foreign nationals cancel or modify their outbound travel plans after they have already purchased airfare, there is a high likelihood that CBP will incorrectly record the departure based on the information provided by the carrier. It is important to fix such errors as soon as possible and currently the only way to do this is to request correction at the closest CBP Deferred Inspection office. Foreign nationals should bring their travel reservation/itinerary documents along with any additional evidence showing that they remained in the United States, for example dated purchase receipts, dated correspondence, etc. Note that the CBP Deferred Inspection offices can only correct the most recent entry/exit record and cannot correct prior travel history. Foreign nationals who have prior travel history that needs correction and that may affect any cases they have on file or are considering filing should be prepared to provide the same type of evidence to the specific government agency that will adjudicate their requests.