C1 visa, incorrect I-94 and no departure info

[Ian H. 207]

I'm not sure if this was the right forum, but I couldn't figure out where best to put it since there doesn't seem to be a category for this kind of visa.

Hello,

A cousin of mine wants to apply for a B2 visa for her and her daughter to be able to visit while their Italian citizenship is pending. She only has a C1 transit visa which she said she used a couple of times when she had layovers from Italy to the DR, I have to ask her again to make sure.

Anyhow the problem is that upon checking her I-94 info she was admitted under P1 instead of C1. From what I found online, that class is for certain athletes, not aliens transiting the US. Additionally, there is no info about her departure, only her arrival.

The question is how is she supposed to have this corrected if she lives in Italy? Unfortunately, not everyone is aware of all of the bureaucratic shenanigans that run this country and it's not like you can expect every person who visits the US to know how these things work so it clearly isn't her fault. Besides as someone who was only transiting the US for an immediate flight, this isn't something that would be on your mind.

By the way, this was back in 2011, she was admitted for the correct number of days (29), but under the P1 classification with no departure info. How can she resolve this so that she won't have issues when she applies for her B2 visa. All I could find online is info about going to a POE or deferred inspection office, but that's clearly meant for people in the country. Thanks in advance.

[Ian H. 207]

By the way, the visa stamp has the right class of C1, it's only the I-94 that has the incorrect info. She also has her passport stamped that she entered the DR that same day.

[abby12 13]

back in 2011 the I-94 wasn't digital, so maybe she didn't return it when she left the country? if this is correct, and if she still has the 1-94, then she can return it to the CBP by mail with evidence that she actually left the country and did not overstay.

that's the only thing I can think of about not having a departure date for a 2011 trip. Let me know if she still has the i-94?

[Ian H. 207]

That's the thing I don't think she has the paper I-94, but I will ask again. I assumed since it was online that they didn't give her a paper version lol. If she has it ok, but will they also be able to correct it? I assume that all she has to do is submit a copy of the visa and the stamp showing the correct class.

By the way I was just thinking at what point would they ask to return the I-94, isn't it when you're checking in? Because if so, then that would explain why she didn't return it because when you are boarding a layover flight, there is no checking in again from what I remember, you just board the next plane.

[abby12 13]

The traveler is supposed to return the I-94 to the air carrier employees before boarding the plane (airline employees do another check to the boarding pass at the gate's door), reason why there are so many people that end up returning from the US with the I-94, and for that same reason, the CBP and at least the US Embassy in the DR's website has a tab for the unreturned I-94, a "how to" return it. If the person is a frequent traveler, then just return it in the next flight, but if the person is not expected to return soon, then mail the I-94 with evidence. Since it was not digital, the traveler wouldn't have a record of leaving the US and it would be considered as an overstay.

If she knows that she kept it, but lost it, or do not remember, then, I guess, copies of the boarding passes or airline records, and other evidence like pay stubs, bank, work or college statements, etc.

And about correcting the class, I don't know if they correct that or not...but write a letter explaining the situation. It shouldn't be an issue if she didn't overstay etc, and if it was just a layover.

Edited December 18, 2014 by abby12

[Fr8dog 312]

Assuming she was traveling for a carrier, did she have a gen-dec by any change? We used to get those stamped by immigration at every station upon entering a country. And we kept a copy for these kind of occasions. They work like a champ as evidence. Also if it's late 2011 CBP may already have an electronic version of the crewlist on file.

[Ian H. 207]

Ok. So I confirmed with her again and there are certainly a couple of inconsistencies. She doesn't remember being given a paper I-94. Also, why are we able to access her I-94 online if she were given a paper version?

In any case, her electronic I-94 record only shows one arrival, JULY 16, 2011 incorrectly classified as P1. Her passport stamp says C1 and was admitted for 29 days until AUG 14, 2011.

She used her C1 visa to enter the US twice. The first time was on JUN 25, 2011 when she flew from the DR to PHILLY and she has an entry stamp into ROME for the next day. However this arrival and departure does not show up on her I-94 travel history.

The second time she arrived in the US on JULY 16, 2011 (this is the only one that shows up electronically) and she has a DR entry stamp for the next day. She left the DR in August and went back to Italy directly from there.

So all in all she has used her C1 visa twice. Her I-94 travel history only shows the second trip (only the arrival), not the first. She has her passport stamped to prove that she left the US because she has the entry stamps for the DR and for Rome.

She doesn't have the paper I-94 and doesn't remember being given one. So how can she correct this record from within Italy? She wants to apply for a B2 visa for her and her daughter and is now worried that this will cause an issue. Would the CO accept her passport stamps as proof that she never overstayed? Thanks.

Edited December 19, 2014 by Ian H.

[abby12 13]

The july 16/11 entry, was it just a layover? she didn't stay in the US?

I checked my I-94 history, I kept the I-94 when I traveled to NYC in nov 2011, when i casually told a friend of mine about it, she told me to send it to the CBP, by the way, this friend works in the US Embassy in the DR and she told me about the experiences some travelers from the DR had when going back to the US without returning the I-94, sometimes nothing happens, sometimes the TSA officer at the airport can give a hard time about it....anyway she told me to check the US Embassy's website about the I-94 and I did what the website instructed and sent it along with evidence in oct 2012 before my trip in nov that year. I had no problems, no questions asked when I went to US via JFK.. I remember that I made sure to handle over the form to the employees of the airline when I left the US.

Today I checked my I-94 history and my trip to the US in nov 2011 is not there, and I have trips in 2010 there as well, but not the trips from years before 2010 (how far the website can let you see your travel history, I don't know). I traveled to US again in 2012, twice in 2013 and then applied for the K1 visa this year without any problems, the 2011 entry was not discussed even when i put it int he DS-160 form, and traveled back in august 2014, again, no problems.

Now, would they accept the passport stamps to prove that she didn't overstay? Personally I think so..but if still in doubt, why not call the CBP? they can give you the best answer

[Ian H. 207]

Both times she entered, she didn't step outside of the airport. I don't think you can go outside anyway on a C1 visa, unless your a crew member otherwise you may be violating your status. The C1 visa is strictly for transiting through the US, such as a layover. From what I read it cannot be used to visit friends and relatives or other purposes that would require a B visa. That's why I find it odd that they give 29 days of authorized stay.

In any case, she didn't even stay half a day, only long enough for her next flight. One trip was DR-US-ITALY, the second was ITALY-US-DR and of course she left the same day both times since she took her flights.

The issue is that her first layover doesn't look like it was recorded at all because it doesn't show up in her travel history (it goes back 5 years by the way) and the second trip shows up as an arrival, but no departure.

I'm pretty confident that she shouldn't experience any issues because she does have her passport stamps that prove she left the country as well as other evidence she can provide if requested. The issue is having this corrected. I will see if we can do an FOIA request and we will also contact the embassy in Naples to see what she can do since she doesn't have the paper I-94 and isn't at all sure if she was given one.

The fault here is on the CBPO because they should inform travelers not to lose the I-94 as well as that they have to return it upon exit especially if they see that they have never been in the US previously. I swear this system is so frustrating.

BTW I also think I read that if you left through a commercial air carrier that the departure can be independently verified even if you didn't hand in the I-94? Is that true, because if they can verify on their end that she was on the plane plus her passport stamps, then she should be good.

[abby12 13]

Good luck

[jan22 2,897]

Both times she entered, she didn't step outside of the airport. I don't think you can go outside anyway on a C1 visa, unless your a crew member otherwise you may be violating your status. The C1 visa is strictly for transiting( through the US, such as a layover. From what I read it cannot be used to visit friends and relatives or other purposes that would require a B visa. That's why I find it odd that they give 29 days of authorized stay.

In any case, she didn't even stay half a day, only long enough for her next flight. One trip was DR-US-ITALY, the second was ITALY-US-DR and of course she left the same day both times since she took her flights.

The issue is that her first layover doesn't look like it was recorded at all because it doesn't show up in her travel history (it goes back 5 years by the way) and the second trip shows up as an arrival, but no departure.

I'm pretty confident that she shouldn't experience any issues because she does have her passport stamps that prove she left the country as well as other evidence she can provide if requested. The issue is having this corrected. I will see if we can do an FOIA request and we will also contact the embassy in Naples to see what she can do since she doesn't have the paper I-94 and isn't at all sure if she was given one.

The fault here is on the CBPO because they should inform travelers not to lose the I-94 as well as that they have to return it upon exit especially if they see that they have never been in the US previously. I swear this system is so frustrating.

BTW I also think I read that if you left through a commercial air carrier that the departure can be independently verified even if you didn't hand in the I-94? Is that true, because if they can verify on their end that she was on the plane plus her passport stamps, then she should be good.

The C1 visa has nothing to do with being a crew member....it is strictly a transit visa. A crew visa is a D. A crew member normally is issued a C1/D visa, so they can use the C1 if they need to transit the US to join a crew (for example, fly to the US to join a ship crew). The 29 day admittance is the maximum on a C1....and it does allow you to leave the airporat (or other type of POE). It allows people to change airline terminals (JFK to LA Guardia, for example or go to a ship in the harbor from the airport) or to switch to train transport, etc.

Shouldn't have a problem if the dates are stamped in the passport.

[Ian H. 207]

Well that makes much more sense. How are they going to stop anyone from sightseeing on their way to another airport though? lol.

That's fine if it can be proven with the passport, I just hope she's not given issues when she actually applies for the visa though since they like to outright deny you without giving you the chance to present your case.

In the DS160, I would assume that you can put the exact dates of travel that way if they try to verify the dates electronically and they don't match up, they can see the stamps on the passport and realize that the mistake is on their end.

[Ian H. 207]

She found her boarding passes too so she can use them as additional proof. Hopefully the CO won't give her a hard time and give her the opportunity to prove that she left rather than outright deny her like they tend to do.