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Practical Guide: I-94, AVR, RFE, DS-160/DS-260 & FOIA (2025)
This expert guide covers the most common immigration “checkpoints” that create delays or denials. You will learn where to locate and correct your I-94, how to safely re-enter the U.S. under Automatic Visa Revalidation (AVR), how to structure a persuasive RFE response, how to fix mistakes in DS-160/DS-260 after submission, and when a FOIA request is the right strategic move. Each section includes actionable steps, risk notes, and cross-references to official government portals.
Keep copies of everything, track your deadlines, and verify data across systems (USCIS, CBP, CEAC). Small mismatches—like an incorrect class of admission on I-94 or a misspelled name in DS-160—can trigger RFEs or refusals. The checklists below help prevent and fix those issues quickly.
I-94: where to find it, how to correct errors, how to extend
- Locate: Retrieve your electronic I-94 from the CBP portal using passport details; download and save a PDF copy for your records.
- Frequent errors: wrong Admit Until Date, misspelled biographical data, or incorrect class of admission (e.g., F-1 vs. B-2).
- Correct via CBP: Contact a Deferred Inspection office. Bring passport, visa stamp or ESTA proof, boarding passes, and any USCIS notices that confirm status.
- Extend status: File with USCIS (e.g., I-539 for many nonimmigrant categories; I-129 for workers). Upon approval, USCIS issues an I-94 at the bottom of the notice reflecting the new validity.
Quick routing table
Wrong date
CBP Deferred Inspection (admission fix)
Name typo
CBP with passport & entry evidence
Wrong class
CBP; if status changed → check USCIS notice
Automatic Visa Revalidation (AVR): short trips without a new visa
- Travel up to 30 days to Canada or Mexico (some adjacent islands for F/J). Keep status valid and I-94 active.
- Do not apply for a new visa while abroad; doing so breaks AVR eligibility.
- Carry your passport, any expired U.S. visa, I-94, and proof of status (I-797, I-20, or DS-2019). Verify admissibility restrictions by nationality.
Common pitfalls
- Expired passport or missing proof of continuing status.
- Unpaid SEVIS fee for F/J when required; mismatched I-20/DS-2019 data.
RFE from USCIS: read it, map it, answer it
Create a numbered response that mirrors the RFE outline. Start with a concise cover letter, add a table of contents for exhibits, and use labeled separators. Cite objective evidence that speaks directly to each USCIS concern.
Deadlines
Typically 60–90 days. No response = denial.
Structure
Cover letter → Index → Point-by-point evidence.
Typical exhibits
Degrees/translations, experience letters, contracts, publications.
DS-160 & DS-260: common mistakes and how to correct them
- Names, dates, addresses: use the exact passport format; keep consistency with USCIS records.
- DS-160: once submitted, create a new DS-160 and update the confirmation number in your appointment profile.
- DS-260: many corrections go through NVC/consulate; some minor fixes can be addressed at the interview with documentation.
| Error type | Form | Fixable? | Action |
|---|---|---|---|
| Misspelled name | DS-160 | Yes | Submit a new DS-160 and update the confirmation number in your profile |
| Wrong residence dates | DS-260 | Limited | Request correction via NVC/consulate; bring evidence to the interview |
| Incorrect case number | DS-260 | Yes | Coordinate with NVC; provide official notice or email confirmations |
FOIA for immigration records: USCIS, CBP, EOIR
Use FOIA to obtain your file when preparing a complex filing, appealing, or reconciling inconsistencies across agencies. It is often essential for prior petitions, entry/exit history, and immigration court records.
- USCIS: petitions, decisions, A-file copies.
- CBP: entries/exits, travel history, I-94 data.
- EOIR: immigration court materials and orders.
Comparison: I-94, AVR, RFE, DS-160/260, FOIA
| Procedure | Purpose | Agency | Main risk |
|---|---|---|---|
| I-94 | Proof of lawful admission period/class | CBP (corrections), USCIS (extensions) | Wrong date → overstay status |
| AVR | Short trips without a new visa | CBP (port of entry) | Applying for a visa abroad cancels AVR |
| RFE | USCIS requests more evidence | USCIS | Missing deadline → denial |
| DS-160/DS-260 | Nonimmigrant/immigrant visa forms | U.S. Department of State (NVC/consulates) | Material inconsistencies at interview |
| FOIA | Obtain your immigration records | USCIS/CBP/EOIR | Delays or partial disclosures |
RFE Response Timeline (example)
Attorney Tips
Archive everything
Store PDFs of forms, receipts, portal screenshots, and tracking numbers. Name files with dates and form numbers.
Verify across systems
Cross-check USCIS case status, CBP I-94, and CEAC. Fix mismatches immediately to avoid RFEs and AP delays.
Plan for deadlines
Work backward from the RFE due date; allow buffer for translations, notarizations, and shipping.
FAQ
Can I extend I-94 at the border?
No. CBP can correct admission errors; only USCIS can extend status through an approved petition or application.
Does AVR work if I applied for a new visa abroad?
No. Submitting a visa application outside the U.S. cancels AVR eligibility for that trip.
How soon should I start on an RFE?
Immediately. Allocate 3–5 days to analyze, 2–4 weeks to gather evidence, 1–2 weeks to draft, and up to a week for final legal review.
Official Sources (.gov)
- USCIS — extend/change nonimmigrant status (I-539)
- CBP — I-94 official portal (view/print travel history)
- Travel.State.Gov — Automatic Visa Revalidation (AVR) guidance
- CEAC — NVC & consular processing portal
- FOIA.gov — submit FOIA requests
- USCIS FOIA — request your A-file
- CBP FOIA — entry/exit and I-94 records
- EOIR FOIA — immigration court records
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Main Types of U.S. Immigration & Business Visas
EB-2
For professionals, scientists, and advanced degree holders
EB-2A
For holders of master's or doctoral degrees
EB-2B
For professionals with exceptional ability
EB-3
For skilled, professional, and unskilled workers
O-1
For individuals with extraordinary ability (science, arts, sports, business)
EB-1
For outstanding individuals, professors, and executives
EB-1A
For individuals with extraordinary talent (science, arts, sports)
EB-1B
For outstanding professors and researchers
EB-1C
For multinational managers and executives
L-1
For intracompany transferees and managers
E-2
For investors and entrepreneurs
E-1
For entrepreneurs and companies engaged in trade with the U.S.
