I-94 Question

My brothers I-94 has the wrong date of birth. What can he do?

If the wrong date of birth is still under the age of 31 as of June 15 2012, I doubt they will give you much trouble for it. There's also a form you can request (I forget which one), which can fix errors made on your I-94. The cost is around $300, but if the USCIS made the error, it's free.

If you don't file a request to fix your I-94, I suggest you find ample evidence which proves your brother arrived into the US before the age of 16.

Its still under 31 for some reason he has my month and year which is may, 92. Middle and High school transcripts should prove that he was here before 16. But what about to prove his lawful immigration status expired?

You can use the additional space to explain the birthday issue for question 16.a

The I-94 is only used to prove your unlawful status, there are other ways to prove your unlawful status. I would recommend to include a birth certificate (translated) and a passport of your brother to reassure the USCIS of his birthday. Again, I HIGHLY doubt that this will be an issue since you can use his transcripts to prove his unlawful status (assuming they actually do).

If you want reassurance you can file a form to get the I-94 fixed. The only problems with that is that the USCIS is currently booked! it may even take months for a reply. Then I also doubt they will fix it because it's expired and most likely charge you the $300 anyways. This is an error of the USCIS and they will probably see it.

Like I said before, worst case, you can't use the i-94 to prove his unlawful status. To compensate, get his passport, translated BC, BC, school transcripts, or anything else that proves his presence in the US before age 16.

ok thanks. Another question, the passports we came with are in my mom's passport on the same page how would i go about scanning it and sending it?

So your brother doesn't have any stamps on his passport?

He does, we both do but their both on the same page with both our information

Then you need to scan your mom's passport and pages with stamps. You will definitely need your birth certificate for this matter because you have to prove that your mom is actually your mom.

Basically:
Copy of mom's passport
Copy of mom's passport page which shows your entry
Translated birth certificate
Acknowledgement of accurate translation form
Copy of your original birth certificate

Same for your brother, but include other documents of arrival before age of 16 to be safe.

ok thanks