i94 Extension after Passport Renewal (3 Options)

i94 extension after passport renewal without crossing border - $6 fees, or travel outside US or File extension of status with USCIS. Nunc Pro Tunc (NPT) option available.

Written by AM22Tech Team
  AM22Tech Team    Updated 5 Sep, 21


i94 Extension after Passport Renewal is required to stay legally in the USA.

The land borders are open in COVID-19 and you can visit either Mexico or Canada border to get new i94.

There are 3 ways to get i94 renewed:

  • Visit CBP office at US land border in Mexico or Canada (Recommended) OR
  • Go out of US and return (Easiest but Costly) OR
  • Filing extension of stay application with USCIS (Costly and time consuming).

In most cases, when you enter the USA, the CBP officer at the port of entry will match the i94 date to your passport expiry date if it is expiring before your valid US visa.

You should always have a valid unexpired i94 to have a legal period of authorized stay within the US. Your legal stay is solely governed by the i-94 validity date and not your stamped visa or valid i797.

Documents Required for i94 Renewal

  1. i-797 Notice of approval form
  2. Old/Existing i-94. You can get it here on the CBP website anytime.
  3. Your Old passport (all old expired) and the most recent new passport.
  4. US address proof – Any one – Utility bill or Lease agreement or driving license or state ID.

How to Renew i-94

Once you have got your passport renewed (for example Indian Passport), you have following options for i-94 extension of renewal that expired due to passport expiry:

CBP Office at US Land Border (Mexico / Canada)

i94 Fees and processing time at US Mexico Border

  • The i94 extension fees at US Mexico land border is USD $6.
  • Paper i94 is issued immediately.
  • New i94 reflects online on the CBP website within minutes of the issue.

The i-94 extension can be done at the CBP office located at the US land border in Mexico or Canada.

You may be asked to cross the border. There is a 50-50 chance depending on the CBP officer. 

These CBP offices are located on the US side of the border.

CBP office inside the international airport terminal can only fix your i94 mistakes. Short i94 expiry due to passport expiry is not a mistake.

San Diego PedWest - i94 extension
San Diego PedWest – i94 extension

SENTRI office at the land border is a program for faster processing of border checks for ‘Known’ persons and is used by Mexicans who cross Land border regularly.

If you are on a visa like H1B or any other or from a non-Mexican country, then, you probably do not have any SENTRI program enrollment.

You can expect to be interviewed. This would be similar to the one you face on Port of entry at the airport.

You should also have all the proof with respect to your legal stay in the US.

Laredo bridge1 crossing half way on bridge
Laredo bridge1 crossing half way on bridge

US Mexico border i94 extension experience

Go Out of US and Re-Enter

i94 processing time with travel outside US

  • Paper i94 fees of $6 may be charged if you request a new i94 at the border crossing.
  • New i-94 is issued immediately on your arrival in the US and can be downloaded from the CBP i94 website.

You can normally travel outside the US and re-enter to get a new i94 based on your new passport and visa validity.

CBP normally would not issue you a new i-94 if you re-enter the USA from Mexico or Canada within 30 days using the AVR process

But, you can specifically request them to issue you a new paper i-94 since your old one has expired/expiring soon.

They will honor the request and may charge $6 as fees.

Paper i94 is issued at land border in USA
Paper i94 is issued at land border in USA

It does not matter if you travel by air, land, or sea and re-enter the US. You can get a new i-94 once you re-enter at any US border or Port-of-entry.

Get i94 from CBP website
Get i94 from CBP website

Apply Extension of Stay – Form i539

i94 processing time with form i539 extension

  • $370 for the i-539 application.
  • No separate fee for i94
  • Extension of status applications can take 4-12 months.

When you apply for your visa extension within the USA, you automatically get a new i94 after approval.



Example: You can apply for H1B extension (form I-129) or H4 visa extension using form i-539 to get a new i94.

Once your extension is approved, USCIS sends a new extended i94 attached to approved i797.

H1B i797 with attached i94
H1B i797 with attached i94

The Visa extension process can be used to update or extend your i94 in case of passport expiry. USCIS recommends filing for i-94 renewal at-least 45 days before its expiry.

FAQ

Can i94 be extended at CBP office inside International airport terminal?

CBP office inside the international airport terminal will not extend your i94 after passport renewal.

CBP offices located at the airport fix the i94 errors. 

We have checked with CBP offices inside international airports at Dallas, Boston, and San Francisco and they all have denied extending i94 based on the new passport.

They informed us that they can only fix the i94 mistakes that happened during i94 issuance and not extend.

Can I get i94 renewal at US border if I overstayed on H4 visa?

H4 visa holders can get a new i94 by visiting any land border even after they have stayed in the US after their i94 expiry.

In the real-world, USCIS does allow H4 dependents to stay beyond this time.

Can H1B stay in US after i94 expiry without filing extension?

Staying beyond i94 expiry on an H1B visa is a serious issue and is taken as a violation of US immigration law by USCIS.

You should either file an H1B extension before i94 expiry or visit any land border to get a new i94 based on your i797.

What are my options if H4 Stayed in US for 180+ days after i94 expiry?

If H4 has already stayed in the US for more than 180 days after i94 expiry, then the best option is to leave the US and get an H4 visa stamp at any US embassy.

The success rate of the H4 visa stamp is good as the overstay is due to passport expiry. Visa officers are lenient with dependent visas like H4.

Is Nunc Pro Tunc an option for new i94 after it has already expired?

You can file your extension with USCIS using the Nunc Pro Tunc (NPT) option to request for making your time i94 expiry legal in the USA.

NPT application is sent to USCIS and they take their own time to process the application. It can even take more than 6 months.

There are successful NPT cases for H4 when a person already spent more than 180 days in US.

If you are already close to 180 day mark, we strongly suggest to leave US and get visa stamp.

Are kids also required to get i94 extension?

Kids also need to get their i94 extended if it has shorter expiry than their visa stamp.

Example: H4 kid i94 extended at San Diego Ysidro border after i94 expiry.

Source: USCIS






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Written by AM22Tech Team
  AM22Tech Team     



Recent discussion on forum

  1. AM22Tech_Admin
    AM22Tech_Admin

    Hi Anil,

    Another great post!
    I really liked that you covered the international airport scenario. I tried to do that because it was closer than go to the border and, as you mentioned, it’s not allowed.
    In case someone needs some tips, If you are closer to Mexico than Canada, I would recommend to go to Nogales (border with Arizona) instead of Tijuana (border with California). The Nogales border is less crowded and faster.
    Thanks!


  2. anil_am22
    anil_am22

    Thanks for sharing. We appreciate it.


  3. Vinoda_Badaga
    Vinoda_Badaga

    Thanks Anil for creating this Post. I would like to share my experience here @ Canada Detroit Windsor Tunnel border during Covid-19 Pandemic.
    Background: I have recently renewed my Passport inside US ( Chicago Indian Embassy). My I-94 was given only till old passport expiry date ( June 15 2020). Hence I had to get new I-94 to stay further inside USA. Due to Covid-19 Pandemic and international travel ban in place, I really had tough situation. Anyhow, finally I made it :slight_smile:
    Date: May 13 2020

    • I have called CBP Windsor Tunnel office as well as Canada Windsor border agency and explained my situation. Both officers agreed to let me Enter the Canada border and take a U-turn and Re-enter into United States to get the New I-94.
    • I drove into Windsor Tunnel to cross Canada and officers sent me back to the US side ( Just a U turn after interviewing me in detail. Border Non-Essential travel ban in place)
    • Upon arriving at the CBP check-post at US side, officer interviewed me and I gave a I-94 request form ( I had filled this form in CBP site with my old passport detail and paid $6 and printed it. Site won’t allow to enter new passport details, because VISA is tagged to old passport)
    • CBP officer directed me to park the Car at filed officer parking lot and let me enter the CBP building.
    • CBP officer inside the building, asked few questions (normal POE interview) and issued me a New Paper I-94 slip to my new passport)
    • I checked the I-94 site and my arrival record is tagged to my old passport number and dates are valid till my VISA expiry.

    P.S : Canada US border Non-Essential travel restrictions in place. Canada officers won’t let you pass the border check-post. But they still allow you to take a U turn and re-enter.
    I had called Otay Mesa, San Ysidro in San Diego and both places they have agreed to renew I-94. But they told me I have to cross the border and Re-enter and it is valid even though Mexico US non-essential travel restrictions in place. Laredo border office also agreed to do renewal, but there is a travel restrictions in place for other state travelers entering into Texas. I live in Michigan, so I chose this option. Reply to this post if you have any questions.
    Good Luck guys. Stay Safe.


  4. Shreeram_A
    Shreeram_A

    Hi

    Thank you for sharing your experience.

    similiar to your case, my son (age 10y) got new passport and his I-94 is expiring in nov 2020 based on his old passport. my self and my wife has I-94 validity til visa expiry. We thought to visit CBP office in detroit to extend my sons I-94 but we stopped ourself becasue we dont have canada visa if CBP officers ask us to cross boarder and re enter.
    Can you guide us which CBP office number we have to dail and get approval before we reach their office physically.

    regards
    Shreeram


  5. Vinoda_Badaga
    Vinoda_Badaga

    Hi Shreeram,

    Go to
    https://www.dwtunnel.com/customs/ and call both CBP and Canada border numbers. I think they will still let you cross the border because you are not really entering Canada. Just tell them that you are going to take U turn and come back to United States.
    But you still have lots of time left till November. You can even plan for applying Canada Visa and visit Canada and return. Border will open in at least end of June.

    Regards,
    Vinod


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