What to do if CBP admits you with the wrong information?
Upon lawfully entering the US at a Port-of-Entry, CBP will issue an Entry/Departure Record Form I-94. Sometimes, however, they fail to do so or issue incorrect information on the form. If this is the case you can schedule an appointment at a local CBP Deferred Inspection Site of Port of Entry that has a Deferred Inspection office to have your admission record corrected.
CBP has a great deal of discretion when it comes to Deferred Inspection and makes determinations on a case by case basis.
Factors that may be considered when making a deferred inspection decision include:
- the likelihood the applicant will be establish admissibility
- the type of documents needed and the ability to obtain them
- the good faith effort of the applicant to obtain documents prior to arrival at the port of entry
- verification of the applicant’s identity and nationality
- age, health, and family ties of the applicant
- other humanitarian considerations
- likelihood that applicant would appear at deferred inspection
- the nature of the ground of inadmissibility
- the danger to society if the applicant is paroled
If CBP decides to grant you a deferred inspection, an officer will give you a Form I-546, Order to Appear-Deferred Inspection, which will explain what information and documents you should bring with you to the deferred inspection site.
Note that you must appear for a scheduled deferred inspection. Failure to do so may result in the issuance of a notice to appear (NTA) in removal proceedings.