I-94 question

[TheGuy 0]

Hey guys I have a question regarding the I-94. I have a brother who was admitted as tourist but then he lost his I-94 and now he wants to adjust his status. Ok so he filed (mmm I don't remember the form #)the form to replace the I-94. The office after a couple of months let him know that they could not find his I-94 and to send them his passport and so he did. After a couple of weeks, the office returned his passport and let him know that his form was denied because they could not find his I-94. Ok so my question is: can he still apply for AoS? and putting in the envelope all the paperwork that he did even though he could not get the I-94?

[silvana.toma 15]

I am not an expert by any means, but this is what i think:

I would assume he came in a B2-visitor visa. How long was he aproved to stay in US for? I think every entry is also registered into the computer when you enter US(so i don't understand why they could't find it), loosing your I-94 can cost anywhere from $100-300, if i am not mistaken, so i dont think that would have been a big huge issue, cause you can get it replaced. I am thinking maybe he overstayed his visa, and that's why they are giving him a hard time about it.

I would sugest consulting a lawyer, because the I-94 is basically proof of his legal entry, and without that, things can get complicated.

But let's hear what other people have to say about this subject, maybe i am wrong.

[Harpa Timsah 13,258]

It sounds to me like you applied for a replacement, but you were denied because there was nothing to replace. Did your brother enter by land? Is he from Canada or Mexico? Does he have a stamp in his passport? If he entered without inspection he cannot adjust status. The gov. should be able to find all entries, even old ones, so it's possible that it is a mistake, but I sort of doubt it. More information please?

[Brother Hesekiel 2,236]

The one and foremost requirement for Adjustment of Status is that the beneficiary entered the US with inspection. To be eligible for this, the passport would have a B2 visa inside. (No need to climb a fence if you have a valid visa!). The I-94 just gives more information on when the beneficiary entered. Keep in mind that Canadians also don't have an I-94 and can adjust status.

However, if your brother is from a VWP country, and overstayed, and doesn't have his I-94, and they don't have a record of it either, he is dead in the water.

[TheGuy 0]

He came from from EL Salvador. He got the passport stamped and everything. I mean the whole thing is weird. He did file the replacement form but they couldnt find the I-94. Its an overstay visitor visa (B-2). The B2 visa is stamped on the passport and was good for six months and now of course is overstay.

[mjaskiew 8]

My friend had a similar problem. Visa and stamp in a passport and lost I-94. He never filed for a replacement and went ahead with AOS. No questions about his I-94 were asked during the interview. He got his green card.

Good luck!