Office Locations
Proudly Serving Dallas, FT.Worth, San Antonio, Houston.
Why Did C.B.S. Discontinue Passport Entry Stamps?
Receiving passport entry stamps from border control at a port of entry was the standard procedure for individuals seeking entry into the United States.
As of October 2021, however, U.S. Customs and Border Protection (C.B.P) stopped using traditional passport entry stamps. The goal of ending passport entry stamps is to streamline and digitize the immigration process. They aim to implement a more efficient method of verifying individuals at U.S. ports of entry.
The C.B.P. believes that it will speed up processing times and reduce mistakes. However, removing passport entry stamps may create immigration issues for foreign nationals applying for temporary (non-immigrant) visas.
The no-stamp entry procedure has been implemented in various ports of entry in the United States, including:
- Boston Logan International Airport
- Chicago O’hare International Airport
- Dallas Forth Worth International Airport
- George Bush Intercontinental Airport (Houston)
- Hartsfield-Jackson Atlanta International Airport
- John F. Kennedy International Airport (New York)
- Los Angeles International Airport
- Miami International Airport
- Newark Liberty International Airport
- San Francisco International Airport
- Seattle-Tacoma International Airport
- Washington Dulles International Airport
Several land ports of entry have also implemented the new procedure, including Buffalo, Detroit, El Paso, Laredo, San Diego, Seattle, and Tucson.
What Are Passport Entry Stamps?
A passport entry stamp is a convenient way for individuals to keep track of their travel history. They contain important details such as the date, location, and visa entry type.
The stamp on a foreign national’s passport is evidence of their lawful admission to the United States. It also ensures they maintain lawful status after admission to the U.S.
Benefits of Passport Entry Stamps
Passport stamps allow individuals to review the information on their passports for errors. If they notice an error, they could bring it to the attention of the immigration officer before leaving the inspection area.
As a result of the recent changes, non-citizens can only verify the accuracy of their immigration records after entering the U.S.
Under the new procedure, the C.B.P. officer may fail to record the visa stamp online. This stamp validates the non-citizen’s admission class, stay duration, and arrival date.
Without this information in the system, the non-citizen cannot prove that they were legally inspected before entering the U.S.
This may lead to immigration issues and cause delays in obtaining visas, extensions, or other benefits.
What Is the New C.B.P. Arrival Procedure?
Foreign nationals arriving at any U.S. port of entry will receive an electronic I-94 (Arrival/Departure Record). They may request a passport admission stamp or receive one at the discretion of the C.B.P. officer.
However, they do not need a stamp to authenticate their legal status in the United States. They can access their travel information through their I-94 record online.
All visitors entering the U.S. need a form I-94. This does not include U.S. citizens, SB-1 returning resident visa holders, immigrant visa holders, and Canadian citizens.
Non-citizens may visit the C.B.P. website or use the C.B.P. mobile application to access the form. They can review the form online before leaving the port of entry to ensure that all information the border patrol officer provides is correct.
They may also need to provide details from their I-94 records when dealing with government agencies. Non-immigrant visa holders must include form I-94 with their driver’s license application.
If a non-citizen decides to extend their visit, they must apply for an I-94 extension before its expiration. If approved, the U.S. Citizenship and Immigration Services (U.S.C.I.S.) will issue you a new I-94.
Non-citizens who wish to adjust their legal status upon entering the U.S. by obtaining a green card should also take their I-94 expiry date into consideration. The U.S.C.I.S. will probably deny their petition. If you’re wondering, “Can you overstay your visa while waiting for a green card?“, the answer is yes, but you will accumulate unlawful presence and risk getting deported or barred from returning to the U.S.
Are There Issues With the New Arrival Procedure?
Sometimes, the classification on the I-94 record may be incorrect. For example, errors may result in a non-citizen being admitted to the United States as a tourist instead of for employment.
Employers require foreign nationals to get their I-94 records from the Department of Homeland Security (D.H.S.). The record is used to verify their immigration status before granting employment authorization.
A tourist visa does not allow for paid employment within the U.S., so any unauthorized work could result in legal consequences. Therefore, the individual can only begin authorized employment when the necessary corrections are made.
Sometimes, the length of stay on the non-citizen’s passport and that on their I-94 record are not the same. Foreign nationals must follow the length of stay on their I-94 record, not their passport.
Correcting an I-94 Electronic Record Error
Non-citizens who encounter errors in their I-94 may use the online system provided by the C.B.P. to request corrections. However, they may experience long delays and inaction.
If you require an I-94 correction, it is recommended that you contact the Deferred Inspection Site of C.B.P. at the airport closest to you. Typically, I-94 correction requests can be processed through email. However, there may be instances where the individual will need to visit the airport in person.
How Can Lawyers Help With I-94 Electronic Record Corrections?
Navigating the complexities of I-94 record correction can be daunting. Legal assistance can facilitate the process by:
- Analyzing the nature of the error and providing legal advice
- Liaising with the relevant authorities on behalf of the client
- Ensuring all necessary documents are correctly submitted
- Monitoring the correction process to avoid unnecessary delays
Andrew T. Thomas, Attorneys at Law Can Help
If you’re in the U.S. on an employment visa, our legal team has valuable insights to offer foreign national employees regarding the I-94 procedure. We may be able to prevent any unforeseen disruptions to your work authorization.
If you are concerned about your visa’s expiration date, you should seek legal advice from a qualified attorney at Andrew T. Thomas, Attorneys at Law.
We can help you take the right and legal steps to correct your I-94 record, extend it, or adjust your status. We can help you reach out to the correct C.B.P. Deferred Inspection office or even send an email on your behalf.
Our team has extensive knowledge of immigration law and the different pathways to permanent residence in the U.S. We can also help you navigate consular processes in various foreign embassies and consulates in the U.S., such as the Mexican Consulate.
For personalized consultations on any immigration issues you may be facing, contact Andrew T. Thomas, Attorneys at Law today!
