She Never Left the U.S., But Her Record Shows Three Departures — Her Green Card Was Nearly Revoked

Regardless of whether you hold a tourist visa, student visa, or work visa, once you enter the United States, a personal I-94 Arrival/Departure Record is automatically generated for you. This record plays a critical role in determining whether your stay in the U.S. is considered lawful.

Recently, our firm has handled multiple consultations involving abnormal I-94 records. Have you ever considered the possibility that your travel history might actually belong to someone else?

Real Case:

A U.S. permanent resident filed an I-485 adjustment of status application for his spouse. To their shock, they later received an RFE stating that the system indicated the applicant had departed the United States during the I-485 pendency period — and if true, the application would be deemed abandoned.

The applicant was certain they had never left the U.S. After checking their records through CBP, they discovered that the issue was far more serious than expected: multiple “phantom departures” had appeared in the system. Despite only obtaining their first visa in 2019, the I-94 records inexplicably showed entries and exits dating back to 2009.

Even more absurd, the same RFE contained contradictory deadlines — one stating “response due within 30 days,” and another stating “response due by the end of 2026.”

Was the system accidentally activated in time-travel mode? It is currently 2025 — how could 30 days suddenly land us at the end of 2026?

Why This Is Not a Minor System Glitch

Many individuals assume these are harmless technical errors. In reality, inaccurate I-94 departure records can have severe consequences for immigration status determinations:

• For AOS applicants (Adjustment of Status / I-485 filers): If you depart the U.S. without Advance Parole and do not hold a qualifying exempt visa, USCIS will consider your I-485 application automatically abandoned.

• For COS applicants (Change of Status, e.g., F-1 to H-1B or B to F): If the system shows you as having “departed,” USCIS may deny your application outright and require you to process your visa abroad — potentially triggering further legal risks, including exposure to new regulations involving H-1B entry fees of up to $100,000.

  

  
  

What If an I-94 Error Appears During a Pending Extension?

We handled a real case involving an L-1A holder whose extension petition was pending. Although the applicant remained in the U.S. continuously and maintained lawful employment, their I-94 record was incorrectly marked as “departed.” USCIS therefore concluded that their continuous lawful stay had been interrupted and denied the extension.

After retaining our firm, the applicant filed Form I-290B (Motion to Reconsider) and submitted extensive evidence proving continued presence in the U.S. The case was ultimately reopened and returned to active adjudication.

What Remedial Actions Can You Take?

If you discover an I-94 error, take action immediately:

• Submit an I-94 correction request through the official CBP website

• Locate the contact phone number or specific I-94 correction email for your port of entry via CBP

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  Prepare and retain documentation proving your physical presence in the U.S.

  
  

Final Reminder

Your I-94 is more than just a travel record — it is your legal proof of status in the United States. It determines whether you are recognized as being in lawful stay.

If you have not checked your I-94 recently, now is the time.