If you are entering the United States on a visa, advanced parole, or any immigration status other than a standard tourist or visitor entry, there is a serious and underreported problem with the Global Entry kiosk check-in system that every affected traveler needs to know about before they step up to that screen. Using the Global Entry kiosk when you have an active visa status or pending immigration case can result in your entry being recorded incorrectly in ways that create significant and sometimes irreversible problems for your immigration case.
What is the problem with Global Entry and immigration status?
Global Entry is a trusted traveler program that allows pre-approved travelers to use automated kiosks at airports to expedite the re-entry process into the United States. For straightforward citizen or permanent resident entries it works efficiently. The problem arises for travelers who are entering on a specific visa status or immigration document other than a standard tourist or permanent resident entry.
When a traveler uses the Global Entry kiosk rather than going through a CBP officer, the system frequently records the entry incorrectly. In many reported cases, travelers who were entering on advanced parole, student visas, work visas, or other nonimmigrant status had their entry recorded as a B-2 tourist visa entry instead of the correct status. The I-94 arrival record that the system generates, which is the official government document establishing what status you entered under and how long you are authorized to stay, reflects the wrong entry category.
Why does an incorrect I-94 entry category create such serious problems?
The I-94 arrival record is not just a formality. It is the foundational document that establishes your immigration status in the United States after every entry. Your right to work, your right to study, your right to maintain a pending immigration case, and your eligibility for various immigration benefits all depend in part on what your I-94 says about how you entered and what status you have.
If you entered on advanced parole as part of a pending adjustment of status case and your I-94 incorrectly records you as entering on a B-2 tourist visa, several serious problems can result. Your adjustment of status case may be jeopardized because the entry record does not reflect the lawful parole entry that is necessary to support the case. Future re-entry may be complicated because your entry history does not accurately reflect your authorized status. And in some cases the incorrect entry record itself can create questions about your status that CBP or USCIS may need to investigate.
For travelers entering on work visas, an I-94 that incorrectly records the entry as B-2 tourist status creates an immediate problem. A B-2 tourist visa does not authorize employment. If you are working under a work visa but your I-94 records you as a B-2 entrant, you are technically working without authorization according to the government’s records even though you have a valid work visa. The same problem applies to students. A B-2 entry record does not authorize study, so attending classes while your I-94 incorrectly shows B-2 status could be characterized as a status violation.
What makes this problem particularly difficult to fix?
The compounding factor in Global Entry kiosk errors is what happens when you try to correct them. Reports from immigration attorneys indicate that CBP sometimes refuses to correct the erroneous I-94 entry on the grounds that the traveler made the kiosk entry themselves and the resulting record is their responsibility. The position taken is that because you chose to use the kiosk rather than proceeding through a CBP officer, the entry you received is the entry you get.
This is a deeply problematic position for travelers who used the kiosk without knowing it would record their entry incorrectly, and it means that in some situations the only way to correct the record may be to leave the United States and re-enter through a CBP officer who can record the correct entry status. For someone with a pending adjustment of status case, leaving and re-entering creates its own complications and risks. The situation can become a serious problem with no clean solution.
Who is most at risk from this issue?
The travelers most at risk from Global Entry kiosk entry errors are those entering with adjustment of status pending advanced parole, F-1 students, H-1B and other work visa holders, TN visa holders, L-1 visa holders, and anyone else whose authorized status in the United States depends on an accurate I-94 record reflecting the correct entry category.
If you fall into any of these categories and you are accustomed to using the Global Entry kiosk for convenience, the risk of an incorrect entry record is not worth the time it saves. Proceeding through a CBP officer and presenting your correct entry documents to have your I-94 accurately recorded is the safer approach until this issue is resolved.
What should you do if you have already used the kiosk and received an incorrect I-94?
Check your I-94 immediately after every international entry. You can access your I-94 record online at the CBP website. If your I-94 shows an incorrect entry category, address it as quickly as possible. Contact CBP to request a correction and document the effort. Consult with an immigration attorney about the specific implications for your pending case and what remedies are available in your situation.
Do not wait to discover the problem. An incorrect I-94 that sits uncorrected for months can create complications that compound over time and become significantly harder to address than an error caught and addressed immediately.
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