What else can I send instead of i94?

[sarahk316 2]

Bsically it says that it needs evidence that I entered legally. Ice detained me when I went out of status in 2011. The case was since dropped and I finally have an approved i130. The i485 is now on hold due to the fact I don't have an i94, the ice have that because they confiscated my passport. I have a new passport now but they are asking for evidence I came here legally, including but NOT LIMITED to the i94. ,My old i20 was stamped with the same stamp they used on the i94. We sent this, do you think they just didn't see the stamp? I also have the letters from ice and my court appearance stating I fell out of status and came into the country on the date I came on my visa.... Basically they are asking for evidence that they ahave already written down in their own records. Can we send this again, with a letter explaining why I don't have i94? I know I can apply for a new one, but it's more time that I don't have, plus money. We are barely making it and I really need to work. What happens if we try and send this i20 with stamp and other evidence but they don't accept it? Will it be denied? What about if I send for replacement and send them the receipt of it? We are currently trying, with the help of congressman to get my old passport back, but it's proving pretty much impossible.

[sarahk316 2]

Bsically it says that it needs evidence that I entered legally. Ice detained me when I went out of status in 2011. The case was since dropped and I finally have an approved i130. The i485 is now on hold due to the fact I don't have an i94, the ice have that because they confiscated my passport. I have a new passport now but they are asking for evidence I came here legally, including but NOT LIMITED to the i94. ,My old i20 was stamped with the same stamp they used on the i94. We sent this, do you think they just didn't see the stamp? I also have the letters from ice and my court appearance stating I fell out of status and came into the country on the date I came on my visa.... Basically they are asking for evidence that they ahave already written down in their own records. Can we send this again, with a letter explaining why I don't have i94? I know I can apply for a new one, but it's more time that I don't have, plus money. We are barely making it and I really need to work. What happens if we try and send this i20 with stamp and other evidence but they don't accept it? Will it be denied? What about if I send for replacement and send them the receipt of it? We are currently trying, with the help of congressman to get my old passport back, but it's proving pretty much impossible.

Would it be possible to send a letter documenting my arrival and why I don't have the i94 and who has it? Then a copy of i20 with stamp showing my legal arrival and copy of deportation notice that states I entered legally on that date and fell out of status? My main question is if I send this and it's not accepted, does it automatically get denied? Please help.

[Dave&Roza 748]

Would it be possible to send a letter documenting my arrival and why I don't have the i94 and who has it? Then a copy of i20 with stamp showing my legal arrival and copy of deportation notice that states I entered legally on that date and fell out of status? My main question is if I send this and it's not accepted, does it automatically get denied? Please help.

I would send all of this in as it show that you entered legally which is what the RFE is asking for. You can include a strongly worded letter stating why you do not have your passport and the I-94 as it was taken during the proceedings mentioned in the attached letter. Maybe they can track down the passport and I-94 themselves. It sounds like you got someone who wants to see an I-94 and they cannot find yours so they are asking you to provide it for them instead of looking at the other items you submitted.

Good luck,

Dave

[sarahk316 2]

I would send all of this in as it show that you entered legally which is what the RFE is asking for. You can include a strongly worded letter stating why you do not have your passport and the I-94 as it was taken during the proceedings mentioned in the attached letter. Maybe they can track down the passport and I-94 themselves. It sounds like you got someone who wants to see an I-94 and they cannot find yours so they are asking you to provide it for them instead of looking at the other items you submitted.

Good luck,

Dave

Thanks s much, this is what I was hoping to do. If they don't accept it though will it be denied? Or will they ask for additional evidence?

[Dave&Roza 748]

Thanks s much, this is what I was hoping to do. If they don't accept it though will it be denied? Or will they ask for additional evidence?

It depends on the wording of the RFE. If it is asking for proof that you were inspected and legally entered the US than use your evidence. If it state that you are to produce a copy of the I-94 form then you will need to do that. As long as you answer the RFE with what is asked for before the requested date, you are fine. I can give you my opinion, but the person working on your case is the only one that matters. You might want to make an INFOPASS appointment and ask the USCIS directly.

Dave

[sarahk316 2]

It depends on the wording of the RFE. If it is asking for proof that you were inspected and legally entered the US than use your evidence. If it state that you are to produce a copy of the I-94 form then you will need to do that. As long as you answer the RFE with what is asked for before the requested date, you are fine. I can give you my opinion, but the person working on your case is the only one that matters. You might want to make an INFOPASS appointment and ask the USCIS directly.

Dave

Thanks. It gives examples of things I can send including non immigrant visa in passport and i94, I don't have either they're in the hands of dhs.... Like I said, the wording is "including but not limited to," so I assume I may be ok. Thanks again I really appreciate it.

[Brother Hesekiel 2,236]

You can only give them what you have, short of filing an I-102 for a new I-94. But what you can do is present what you have in a fashion that is easy to comprehend.

Write a letter stating your run-in with ICE, and send copies of whatever you have. It's pretty much unheard of that a Brit would have entered without inspection, and there's no reason to assume that you did. What happened is that a drone went through your paperwork, saw that the proof of entry is missing, and send you an RFE. They need to focus.

Did you submit an I-765 with your AoS package?

[sarahk316 2]

You can only give them what you have, short of filing an I-102 for a new I-94. But what you can do is present what you have in a fashion that is easy to comprehend.

Write a letter stating your run-in with ICE, and send copies of whatever you have. It's pretty much unheard of that a Brit would have entered without inspection, and there's no reason to assume that you did. What happened is that a drone went through your paperwork, saw that the proof of entry is missing, and send you an RFE. They need to focus.

Did you submit an I-765 with your AoS package?

Yes, this is exactly what I think. Yes I did submit the i765 and already did my biometrics. I'm going to send the i20 with date stamp highlighted, deportation notice where they themselves stated when I arrived here (highlighted) school transcripts showing I was in status as a student, a detailed letter explaining this, copy of approved i130. Is there anything else or do you assume this will be enough? Your help is so appreciated I can't even tell you guys. It's taken two years from being picked up after being out of status to get this far, we really just need to get on with our lives.

Edited December 5, 2012 by sarahk316

[sarahk316 2]

Yes, this is exactly what I think. Yes I did submit the i765 and already did my biometrics. I'm going to send the i20 with date stamp highlighted, deportation notice where they themselves stated when I arrived here (highlighted) school transcripts showing I was in status as a student, a detailed letter explaining this, copy of approved i130. Is there anything else or do you assume this will be enough? Your help is so appreciated I can't even tell you guys. It's taken two years from being picked up after being out of status to get this far, we really just need to get on with our lives.

Can anyone tell me if they think this would suffice?

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 under an f1 student visa back in August 2007. I remained in school full-time, visiting home (England) each year for Christmas. The last year I did this was 2009, when I flew to England in December and remained there until January 12 when I arrived back in the US to continue my studies. In June of 2011, the Immigration and Customs Enforcement picked me up from my home where I was with my husband and two week old baby. I had fallen out of F1 status and was placed under deportation proceedings. During this time, ICE confiscated my passport, which contained my f1 visa and I94 document. In June of 2012 I went to my master hearing, where the ICE attorney (name of attorney here) agreed to cancel the proceedings due to my pending I-130, based on my marriage to a US citizen. My I-130 has since been approved. Myself and my lawyer have tried on numerous occasions to get the passport, but without any luck. When I last arrived in the US in January of 2009, my I20 was stamped with the date of my legal entry (the same stamp that is on the confiscated i94.) This is why I unfortunately cannot send copies of the visa or I94. I can however include the following documents:

• A copy of my new passport

• A copy of my I-20 (entry stamp is highlighted)

• A copy of my school transcripts showing my F1 status and the dates I was legally in status (highlighted)

• A copy of the deportation letter stating that I was indeed in status but fell out of, and the date I did arrive (highlighted).

• A copy of my approved I-130.

If you are able, please request my passport from the Department of Homeland Security (name number and email of ice attorney) which contains the I94 and copy of my f1 visa so that my Application for Employment Authorization, Form I-765, can begin to be processed. My husband works full time and we have an 18 month old child. I hope to be work authorized as soon as is possible so I can help support my family and better the life of our child.

Thank you so much for your time and 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,

Sarah----

Edited December 5, 2012 by sarahk316

[hmh33 117]

Looks good although you might want to reword the title ("Why I cannot submit original evidence of lawful admission") which on the face of it sounds rather like you're not complying with the RFE.

[sarahk316 2]

Looks good although you might want to reword the title ("Why I cannot submit original evidence of lawful admission") which on the face of it sounds rather like you're not complying with the RFE.

Thanks so much. My lawyer is saying we shouldn't send it but I think he's not paying much attention to us. I don't know what to do. He says wait to see if he can retrieve the passport. But he's apparently been trying to do that since last year. He also says the ead isn't on hold when I know for a fact it is. This whole thing is so messy. I want to send in what I have but he says no. Ugh.

[hmh33 117]

Thanks so much. My lawyer is saying we shouldn't send it but I think he's not paying much attention to us. I don't know what to do. He says wait to see if he can retrieve the passport. But he's apparently been trying to do that since last year. He also says the ead isn't on hold when I know for a fact it is. This whole thing is so messy. I want to send in what I have but he says no. Ugh.

I'm not in a position to second-guess your lawyer. One thing I am pretty sure of is that it's a bad idea not to reply to the RFE before the deadline.

[sarahk316 2]

I'm not in a position to second-guess your lawyer. One thing I am pretty sure of is that it's a bad idea not to reply to the RFE before the deadline.

Thanks for your help

[Sweetcheeksss 91]

When my current hubby applied for my spousal visa, I had to prove to the consulate that I had a green card from when I lived in the US previously AND they wanted proof that I surrendered my card back when I left to live in Canada.

The only problem was:

1) I did not have a copy of my old green card anywhere

2) I had lost the card somewhere in the years between moving back to Canada and interview for my current green card.

So I had to go to my local airport, make an appt to see a CBP supervisor, explain to him what had happened and file some documents saying the card was lost. THEN I had to do a FOIA to get a copy of my old green card. Which took a bit of time. But my interviewer would NOT move forward with my visa issuance without that proof. So I did what I could, as quickly as I could so that my visa could be issued and I could move to the US to be with my hubby.

[Gosia & Tito 199]

Looks good although you might want to reword the title ("Why I cannot submit original evidence of lawful admission") which on the face of it sounds rather like you're not complying with the RFE.

Second that.

Additionally, maybe it is time to get a hold of your Congress representative and ask for help in this case.