Ongoing Challenges with I-94 Records for TN Visa Holders

One of the most common—and stressful—issues faced by TN visa workers and their families relates to how U.S. Customs and Border Protection (USCBP) officers process I-94 records. The I-94 is the controlling document for a foreign national’s ability to live and work in the United States, so mistakes or inconsistencies can create major headaches.

A recurring problem is that family members entering on TD visas often receive different I-94 expiration dates than the TN worker, even though regulations state their status should match. Sometimes the issue can be corrected on a future re-entry to the U.S., but even that isn’t always successful, forcing families to explore other options.

A Recent Example

A Canadian on a TN Visa recently had an I-94 which was valid for two years, but their spouse was issued TD I-94s with shorter expiration dates during a previous entry. When the spouse tried to correct the issue on their next trip back to the U.S., the CBP officer refused, claiming they could not update the dependents’ records without the TN worker being present. This response is not accurate. According to 8 CFR 214.6(j), dependents of TN workers can be admitted either at the same time as the principal applicant or at a later date—known as “following to join.” The regulation clearly provides that TD family members should be admitted “for the same period of time granted to the TN nonimmigrant.”

What Dependents Should Present

To ensure TD family members receive I-94 records matching the TN worker’s period of stay, they should bring:

• Original marriage certificate (for spouses)
• Original birth certificates (for children, showing both parents’ names)
• Proof of the TN worker’s valid status (such as their I-94 record, employment verification letter, or recent pay stubs).

With this documentation and valid passports, TD dependents should be admitted for the same length of time as the TN visa holder.

Correcting Errors

When inconsistencies occur, there are two main ways to request a correction:

1. Through a CBP Deferred Inspection office, where officers are specifically tasked with fixing I-94 errors.
2. Through CBP’s Traveler Communications Center, which provides an online process to report and correct issues.

Final Thoughts

Unfortunately, mistakes in I-94 processing remain a common challenge for TN visa workers and their families. Knowing your rights, traveling with the correct documentation, and being prepared to request a correction are critical steps to protecting your ability to remain and work in the United States without interruption.