We are often contacted by U.S. non-immigrants who have unknowingly accrued unlawful presence on account of a truncated I-94. In general, when one enters the United States pursuant to a petition-based visa, s/he would be issued an I-94 for the validity of the I-797. Similarly, U.S. B1 / B2 travellers are issued I-94 for six months or lesser from the date of entry. A truncated I-94 is issued if the traveller’s passport is valid for a period lesser than the validity of approval on Form I-797 or the intended duration of stay. There are instances where a truncated I-94 may be issued in error as well.

Earlier, travellers used to be issued a physical I-94 card and the possibility of travellers verifying validity of the I-94 was higher. However, a few years ago, the Customs and Border Protection moved to a paperless I-94. If one does not notice the stamp on passport, then one is highly likely to miss out on validity of I-94. It is important for U.S. non-immigrant visitors to download and verify the validity of I-94 on the CBP website as soon as they enter the United States. If s/he finds any discrepancy on the I-94, s/he should have the same addressed at the earliest to avoid confusion, anxiety and potential ineligibility on account of any unlawful presence s/he may accrue unknowingly.