Chapter 2 - Presumption of Lawful Admission Despite Certain Errors Occurring at Entry

Under certain circumstances, immigrants and nonimmigrants may still be considered as having been lawfully admitted even if the following errors occurred at the time of their admission:

  • Entry was made and recorded under a name other than the foreign national’s full true and correct name; or

  • Entry record contains errors in sex, names of relatives, or names of foreign places of birth or residence. [1] 

As long as the applicant proves by clear, unequivocal, and convincing evidence that the record of the claimed admission relates to him or herself, the admissions record can be corrected and the applicant considered lawfully admitted. [2] 

If correcting an error in name that occurred as part of an entry on or after May 22, 1918, then the applicant must also establish that the name used was not adopted for the purpose of concealing identity when obtaining a passport or visa, or otherwise evading immigration law. Additionally, the name used at the time of entry must have been one the applicant was known by for a sufficient length of time before applying for a passport or visa so true identity could have been established. [3] 

If the error took place during admission at a port of entry, the foreign national should go to the nearest port of entry or U.S. Customs and Border Protection (CBP) deferred inspection office in person to correct the error. [4] If USCIS made an error on the Arrival/Departure Record (Form I-94), the foreign national should file an Application for Replacement/Initial Nonimmigrant Arrival-Departure Document (Form I-102) for correction. 

Footnotes


1. [^] See 8 CFR 101.2. See 8 CFR 264.2.

2. [^] See 8 CFR 101.2.

3. [^] See 8 CFR 101.2.

4. [^] To locate a port of entry, go to cbp.gov/contact/ports. To locate a deferred inspection site, go to cbp.gov/document/guidance/deferred-inspection-sites

8 CFR 101.2 - Presumption of lawful admission; entry under erroneous name or other errors

8 CFR 264.2 - Application for creation of record of permanent residence

Appendices


No appendices available at this time.

POLICY ALERT - Use of Form G-325A

October 25, 2018

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A).

AFFECTED SECTIONS

 

POLICY ALERT - Registration of Lawful Permanent Resident Status

December 21, 2016

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance addressing registration of lawful permanent resident (LPR) status.

AFFECTED SECTIONS

 
Current as of

CHAPTERS

Current as of