Entering the U.S. as a Non-Citizen

GENERAL ADMISSIONS PROCEDURE BY CUSTOMS

If you enter the United States as a non-citizen, then you will go through specific entry procedures and checks. A Customs and Border Protection (CBP) agent will inspect you upon entry at a port of entry. After they approve your admission to the United States, the border inspector will stamp your passport with an admission date, expiration date, and the class of admission (such as B-2 for tourist, WT for ESTA, or H-1B for H-1B worker). They will also enter your admission record into CBP's database.

Make sure that you know when the period of admission ends (the expiration date of your status) before leaving the port of entry. If there is a mistake, then it is most easily corrected right when the mistake is made. Mistakes caught later can be more difficult to correct.

THE IMPORTANCE OF PASSPORT EXPIRATION DATES

Different visa categories have different expiration dates, but there is one rule that is the same for all visas: the government will never give you a visa that lasts longer than your passport. If your passport is going to expire soon, make sure you pay attention to when your visa expires, because this information is vital to your legal status in the United States.

Customs agents used to staple a physical paper I-94 into a traveler’s passport, but this method is no longer used. The current methods allow travelers to access their admission records online at https://i94.cbp.dhs.gov/. This will list an individual’s I-94 admission number, visa classification, and the date the legal status expires. People can also access their travel history on the CBP website to confirm its accuracy or seek corrections if necessary.

HOW TO CHANGE OR EXTEND YOUR LEGAL NON-CITIZEN STATUS

People can extend their stay in the United States or change their class of admission. This is accomplished through the approval of USCIS. When USCIS approves a change of status or an extension of status, they will issue a new I-94 that replaces the old one. The new I-94 will then control how long someone can stay in the United States. USCIS will usually issue a new I-94 when approving a change of status or an extension of status, but this information is not always updated on CBP's website. That's why it's important to keep a copy of any USCIS approval notice. This way, you'll have proof if you need to show it to your immigration attorney or any government agencies.

WHAT TO DO IF THERE ARE MISTAKES IN YOUR ADMISSION RECORD

If you find a mistake in your admission record, then you must act fast to seek its correction. You will need to go to a local CBP Deferred Inspection Site to have any mistakes in your admission record corrected. You can find a list of these inspection sites on the CBP website at https://www.cbp.gov under the "Ports" link at the bottom of the page. If USCIS makes a mistake when extending or changing your status, then you will need to contact them. This usually means filing an application or petition with USCIS. If you need immigration help, then it is important to speak to an experienced immigration attorney. If you have questions, then call us at You Are Home today so we can help!

SCHEDULE A CONSULTATION WITH YOU ARE HOME TODAY!

You Are Home is proud to offer consultations with our immigration attorneys in person, over the phone, or via videoconference on Zoom. To set up a consultation with one of our experienced immigration lawyers, you can do so online here. You will be able to have your general questions answered and any of your documents reviewed during this consultation. If you decide to continue to use You Are Home to help you further with your immigration case, then we will credit your consultation fee towards the cost of those services. Get the representation you need and let the experienced attorneys at You Are Home help you earn the legal right to live, work, study, and stay in the United States.