SHORTER ADMISSION AFTER CBP INSPECTION
A visa expiration date does not determine how long a traveler may remain in the United States. At each admission, CBP determines whether to admit the traveler and the authorized period of stay. After secondary inspection, the I-94 may therefore show a shorter period than the traveler expected.
The Department of State expressly distinguishes the expiration date printed on a visa from the period a traveler is authorized to remain after entry.
A visa that remains valid for several years does not guarantee a six-month or other particular period of admission on each trip.
At the port of entry, the CBP officer decides whether to admit the traveler and how long the traveler is authorized to stay for that particular admission.
The electronic I-94 records the class of admission and the authorized period of stay.
When CBP has concerns about the purpose, duration or circumstances of a trip, the inspection may result in an admission period that is shorter than the traveler expected.
The traveler should review the electronic I-94 immediately rather than assume that a prior admission period or the visa expiration date controls.
That distinction is critical. If CBP intentionally admitted the traveler only until a particular date, Deferred Inspection is not a mechanism for simply obtaining a more favorable admission period.
If CBP made an actual error in recording the period of admission, Deferred Inspection can review and correct an incorrect period of admission when appropriate.
Current CBP guidance states that Deferred Inspection Sites can review errors recorded at entry involving improper nonimmigrant classification, inaccurate biographical information or an incorrect period of admission.
CBP expressly distinguishes correction of an entry error from a request to extend a stay. A traveler who wants additional time beyond the period CBP actually granted generally must use the applicable USCIS extension procedure if eligible.
Visa validity and authorized stay are separate. CBP determines the length of each admission at the port of entry.
Deferred Inspection can correct an error made at entry. It is not a general process for replacing an intentional CBP admission decision with a longer period.
Retrieve the electronic I-94 and compare the class and admit-until date with the passport endorsement and any instructions CBP gave you.
These government materials provide the principal I-94, admission-period and Deferred Inspection rules discussed on this page.
That distinction determines whether Deferred Inspection can correct the record or whether a different immigration procedure is required.