Evidence of lawful admission - need advise!

[Allie&Alex 0]

After lots of reading this is my first post, so I'll give a bit of background. If there is an answer somewhere else, a link would be great.

I'm a US Citizen, I met my husband last year while I was on a working holiday visa backpacking in Australia. He's an Aussie ski instructor. While we were still engaged in the Spring, I came home to start school again (seeking another bachelor's in Nursing), and he stayed in Melbourne to save up money. After a few weeks apart we missed each other; his mum sprang for a flight for him to visit. As it goes, we decided we didn't want to be apart and went down to the courthouse on Aug. 3.

I did a lot of research and tried to be precise in all of our filing procedures. We mailed in the package with i 485 and i 130 (etc)to chicago last month. Everything was complete and fully paid for except one bit which brings me here today. While my dear husband was trying to be a good boy and do the laundry he washed his passport. His passport had the entry stamp he got at customs in Dallas in June. The ink was 90% washed out (why why why in such a high tech world do we still use such low tech, delicate materials like paper?) He went through the expensive process of getting a new passport from the Aussie embassy in DC. Lawyers, airlines, the federal office in the airport all gave us conflicting (if any at all) advise as to what to do next. To prove that he entered the country legally for the immigration package we needed the entry stamp (visa waiver travelers do not get i94s upon entry). After 10 calls to customs we got a seemingly logical answer. - while submitting immigration paperwork include an explanation and other proof of when he entered and "they have ways of figuring these things out" (passports have chips which get scanned - makes sense)

In lieu of an i94 we submitted:

an explanation of what happened

a copy of the damaged passport (not too bad)

a copy of the stamped page with fuzzy stamp

a copy of new passport

a copy of his current ESTA visa

boarding passes from his flight from Sydney with the arrival date

Qantas itinerary with arrival date

Well today we got a yellow letter asking us to submit proof of lawful admission to the US or Supplement A as evidence of eligibility for AOS under 245(i) - for people who entered without inspection - AND $1000 fee.

But he entered with inspection. Cant they just look that up???? What's the point of scanning, photographing, fingerprinting upon entry if they're not going to use the info for stuff exactly like this?

The letter came with supplement A, which leads me to believe that they want us to do this - they can't just put an explanation in English with it? ("hey guys, good effort there with the lawful entry stuff, but it just won't do. Fill out this form and we'll take care of you. Love, USCIS")

Reading the instructions for Supplement A it's not really applicable, and it says that if you submit it, and do not qualify, the $1000 will not be returned.

I'm a full time student and part time Trader Joe's employee supporting the both of us (of course he's not working, no ead yet). Paying the first $1400 was huge for us. I don't want to pay $1000 again if it won't take care of it.

Does this sound right?

They also sent a notice for biometrics appointment on 10/31.

This was so long - sorry. Any advise will be appreciated!

[GlobeHopperMama 95]

The $1000 and Supplement A does not apply. First, by doing so you'd be saying he entered without inspection, and second of all, to qualify for this, there are some really specific requirements, such as having a petition filed on his behalf on or before March 30, 2001.

It's really wild that they wouldn't accept your other proof of inspection, but the issue at hand is that, I believe, CBP/the POE system at the airport is not directly linked to USCIS and USCIS doesn't want to do the work to get his records from his inspected entry from CBP, a separate agency under the DHS umbrella. I love how they're willing to do this when they can use that info to ban people with overstays and whatnot, but they're not willing to do it when it will help people finish their legal process. One way to accomplish this yourself would be to do an FOIA with CBP. Which is a ridiculous solution, but would probably yield what you need. In other words, you have to get the info from CBP regarding his inspected entry, and then submit it to USCIS. Yay bureaucracy! Here's the link for CBP FOIAs: http://www.cbp.gov/xp/cgov/admin/fl/foia/

I also strongly suggest talking to an immigration lawyer at this point, before you proceed with the FOIA. Those requests can sometimes take quite awhile to process, to the tune of months. If there's another way, it would be much better. I always suggest Laura Fernandez and Lizz Cannon because I have personally worked with them and trust them immensely to know what they're talking about and know all the ins and outs. Links to their websites are in my signature, and they offer free consultations. Good luck, I hope you can get this straightened out!!!

[GlobeHopperMama 95]

One more thought, possibly, would be to involve the immigration caseworker at your elected official's office. To me, this is an inter-agency communication issue, and it shouldn't take months of waiting just to get CBP to admit that he was inspected upon entry to USCIS, especially when he's from a country with little to no incidences of entry without inspection. Not a lot of Australians paying coyotes to sneak them in from Mexico, and he submitted a copy of a stamped passport that some scrutiny could verify. They may be able to push one agency or the other to communicate on this or even request an appointment to physically inspect the passport. I'm not sure. Another possibility to discuss with a lawyer. Really, that's what those caseworkers are there for, even more than fielding requests from people whose petitions have been processing for a week over stated processing times.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[AnotherLostSoul 167]

I was going to mention the same thing the above poster has wrote in: CBP is the one you want to get in contact. Like the previous poster said, USCIS and the PO officers are not linked...it's like DMV and POE officers...they are also not linked and I get every year "jury duty" service from DMV even though I just filed for AOS at the beginning of September....so I think you want to contact with CBP and ask them to mail you a document that states when he entered to country, where, and under what status.

Good luck! We'll cross our fingers for you!

[Allie&Alex 0]

This was very helpful, thank you guys so much.

I'm not sure why I didn't think to ask for anything besides a new stamp from CBP. Through FOIA the CBP website says you can request information on entry and inspection. Also it says: "All federal agencies are required to respond to a FOIA request within twenty business days of receipt." I hope that since we can give them such specific information about Alex and the exact time/day/location he entered it should not take them very long to look it up and respond to us.

The letter from USCIS says to "submit evidence of lawful admission... evidence includes but is not limited to i94... "

Requests can be made through email, so we're doing that right now, and we'll call them up and see if we can be annoying enough to just get something then and there.

I was about to just give up another $1000 and mail in the supplement. Thank goodness I came here first. We have 87 days, but want to get it in asap as they said they wouldn't start processing the i765 for his ead until they received the evidence. We need to get this boy working!

Thanks again.

[Hypnos 6,578]

You are not eligible to file the $1,000 245(i) supplement, for reasons already stated.

Hopefully CBP gives you what you are looking for. I'd be interested to see how that plays out.

Edited October 10, 2012 by Hypnos

[Allie&Alex 0]

So what happened.....

We submitted a request with FOIA, but still nothing yet from them for the evidence that Alex entered legally.

After many phone calls I got a hold of someone nice at CBP who was completely confounded with the situation. He said he'd been there 15 years and had no idea why they would send us that letter and request information from us because USCIS is the only one who can access that information in the computer. I asked him if he could just look up the record of Alex arriving and email it to us, but that's not allowed.

So basically USCIS was just being lazy.

I re-printed all of the documents that we had showing that he had no reason to enter illegally and sent them with this letter:

-------------------------------------------------------------------------------------------------------------------------

RE: Request for Initial Evidence (I-485)

To Whom It May Concern,

Why I cannot submit original evidence of lawful admission:

I came to the US with authorization from the Electronic System for Travel Authorization (ESTA) through the Visa Waiver Program on June 3, 2012. I landed at Dallas-Fort Worth International Airport from Sydney and cleared customs there where my passport was stamped and I was approved for entry. I was not issued an I-94 because travelers on the Visa Waiver Program are only issued them at land-based ports of entry. The customs agent stamped my passport with number ------.

After my arrival, this passport was water damaged, washing out almost the entire stamp issued by customs that day.

I was issued a new passport from the Australian embassy on the 24th of August 2012. The new passport’s number is --------.

Upon initial consultation with Customs and Border Patrol I was informed that a new stamp would not be issued in the new passport, but the officer informed me that the attached evidence is sufficient to prove that I entered the U.S. legally.

What I’ve learned and have done:

I have submitted a request through the Freedom of Information Act for my records. The website says that requests must be responded to within 20 days. I made the request on October 10th. No response yet.

I’ve contacted Customs and Border Patrol in Dallas; they informed me that the only way to obtain such records of admission is through a direct request from USCIS since all the ESTA records are electronic.

Sent to me with the Request for Initial Evidence was Supplement A to Form I-485. Per the instructions for this form, it would be inappropriate for me to submit, because it is for people who entered without inspection. I entered with inspection.

What I can submit now is attached:

• A copy of my new passport

• A copy of my damaged passport

• A copy of the page that was originally stamped by a U.S. Customs officer at DFW on June 3, 2012

• A copy of my incoming airline ticket dated June 3, 2012

• A copy of my original travel itinerary from Qantas with arrival dates

• A copy of my ESTA authorization

If you are able, please request my record of admission from Customs and Border Patrol so that my Application for Employment Authorization, Form I-765, can begin to be processed. My wife, the U.S. Citizen, is a full-time nursing student who is supporting herself and me working 20 hours a week. I’d love to get authorized to work as soon as possible so that I can start doing my part. Thank you so much for your help.

I swear under the pains and penalties of perjury that all of the information in this document is true and correct to the best of my own personal knowledge,

--------------------------------------------------------------------------------------------------------------

About a month passed and nothing - no emails, texts or letters. We were getting out the cards for the lawyers when inexplicably Alex's EAD arrived in the mail last night.

I really couldn't believe it. I saw their address on the envelope and thought it would surely be more requests. I guess that means that it worked and they're moving on with the process. I hope.

For months, since I've been working on and researching this immigration stuff, I assumed that "employment authorization document" would authorize someone to be employed.... how did I miss that we also have to apply for an SSN too? Geeze. Just another 2 weeks to wait until I can get this boy working.

[sarahk316 2]

So what happened.....

We submitted a request with FOIA, but still nothing yet from them for the evidence that Alex entered legally.

After many phone calls I got a hold of someone nice at CBP who was completely confounded with the situation. He said he'd been there 15 years and had no idea why they would send us that letter and request information from us because USCIS is the only one who can access that information in the computer. I asked him if he could just look up the record of Alex arriving and email it to us, but that's not allowed.

So basically USCIS was just being lazy.

I re-printed all of the documents that we had showing that he had no reason to enter illegally and sent them with this letter:

-------------------------------------------------------------------------------------------------------------------------

RE: Request for Initial Evidence (I-485)

To Whom It May Concern,

Why I cannot submit original evidence of lawful admission:

I came to the US with authorization from the Electronic System for Travel Authorization (ESTA) through the Visa Waiver Program on June 3, 2012. I landed at Dallas-Fort Worth International Airport from Sydney and cleared customs there where my passport was stamped and I was approved for entry. I was not issued an I-94 because travelers on the Visa Waiver Program are only issued them at land-based ports of entry. The customs agent stamped my passport with number ------.

After my arrival, this passport was water damaged, washing out almost the entire stamp issued by customs that day.

I was issued a new passport from the Australian embassy on the 24th of August 2012. The new passport’s number is --------.

Upon initial consultation with Customs and Border Patrol I was informed that a new stamp would not be issued in the new passport, but the officer informed me that the attached evidence is sufficient to prove that I entered the U.S. legally.

What I’ve learned and have done:

I have submitted a request through the Freedom of Information Act for my records. The website says that requests must be responded to within 20 days. I made the request on October 10th. No response yet.

I’ve contacted Customs and Border Patrol in Dallas; they informed me that the only way to obtain such records of admission is through a direct request from USCIS since all the ESTA records are electronic.

Sent to me with the Request for Initial Evidence was Supplement A to Form I-485. Per the instructions for this form, it would be inappropriate for me to submit, because it is for people who entered without inspection. I entered with inspection.

What I can submit now is attached:

• A copy of my new passport

• A copy of my damaged passport

• A copy of the page that was originally stamped by a U.S. Customs officer at DFW on June 3, 2012

• A copy of my incoming airline ticket dated June 3, 2012

• A copy of my original travel itinerary from Qantas with arrival dates

• A copy of my ESTA authorization

If you are able, please request my record of admission from Customs and Border Patrol so that my Application for Employment Authorization, Form I-765, can begin to be processed. My wife, the U.S. Citizen, is a full-time nursing student who is supporting herself and me working 20 hours a week. I’d love to get authorized to work as soon as possible so that I can start doing my part. Thank you so much for your help.

I swear under the pains and penalties of perjury that all of the information in this document is true and correct to the best of my own personal knowledge,

--------------------------------------------------------------------------------------------------------------

About a month passed and nothing - no emails, texts or letters. We were getting out the cards for the lawyers when inexplicably Alex's EAD arrived in the mail last night.

I really couldn't believe it. I saw their address on the envelope and thought it would surely be more requests. I guess that means that it worked and they're moving on with the process. I hope.

For months, since I've been working on and researching this immigration stuff, I assumed that "employment authorization document" would authorize someone to be employed.... how did I miss that we also have to apply for an SSN too? Geeze. Just another 2 weeks to wait until I can get this boy working.

So wait, you sent it a month ago and now have ead in hand? I'm in the EXACT situation, no i94 it's with dhs for other reasons (I posted just today my post is in the listings) and want to write a letter like this. S it worked? My reques for evidence letter says the exact same thing. You are definitely giving me hope. I need to be working ASAP for same reasons.

Edited December 5, 2012 by sarahk316

[Dave&Roza 748]

For months, since I've been working on and researching this immigration stuff, I assumed that "employment authorization document" would authorize someone to be employed.... how did I miss that we also have to apply for an SSN too? Geeze. Just another 2 weeks to wait until I can get this boy working.

If they accepted his application and you have the time, or he has the time and ability to go to the SSA office, you can get them to print out the number. He can then apply for a job using the EAD card as a List A item for the I-9 and then just rattle off the SSN to them for tax purposes.

Good luck,

Dave

Edited December 5, 2012 by Dave&Roza