What else can I send instead of i94?

[Brother Hesekiel 2,236]

RE: Request for Initial Evidence (I-485)

To Whom It May Concern,

In August of 2007 I was admitted to the US at [POE] as an international student with an F-1 visa that was issued to me at the U.S. consulate in London.

I remained in school full-time, visiting my home country England once a year for Christmas.

The final year I did this was 2009, when I traveled to England in December and remained there until January 12 at which time I returned to the United States and was admitted again at [POE].

In June of 2011, the Immigration and Customs Enforcement picked me up at my home where I was with my US citizen husband and two week old US citizen baby. Based on issues related to my pregnancy, I was unable to attend school and had fallen out of status.

The ICE confiscated my passport, which contained my F-1 visa and I-94 document, and placed me under deportation proceedings

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 petition as the spouse of a US citizen. My I-130 has since been approved. My attorney and I have tried on numerous occasions to retrieve the confiscated passport, but to no avail.

The passport which is or was under the custody of ICE may or may not have been forwarded to the DHS. It contains my F-1 visa, all of my entry stamps including the final one dating to January of 2009, my I-20 was stamped with the date of admission, and the I-94 showing the same date. Therefore, DHS files proof without a doubt that I entered the U.S. with a valid F-1 visa and with inspection.

You will find the following documents enclosed in this envelope:

• 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.

Please request my passport from the Department of Homeland Security [name number and email of ICE attorney] which contains the I-94 and copy of my F-1 visa so that my Application for Employment Authorization, Form I-765, can be processed. My husband works full time and we have an 18 month old child.

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.

Sincerely

Sarah----

Edited.

Go and run with it.

[sarahk316 2]

Edited.

Go and run with it.

That must've took some time; thank you so vet much for your help.

Today my husband and I decided to go out and look for the passport ourselves. Our lawyer advised against it but we felt like we had to give it a shot. Well I won't go into detail but after two trips downtown, a walk-in info pass appointment and lots of phone calls, we finally found out the passport is not in fact with the DHS attorney after all this time at all. Tomorrow we have an appointment with an ICE officer at the building I was first picked up at in the hopes my file there has my passport after all. If not then it is lost and I will use this wonderfully edited letter (thanks again)

But for now, wish us luck!

Thanks again for all responses.

[sarahk316 2]

The ice officer we spoke to says my file is on the east coast. They are having it transferred here and are not sure whether the passport is in it or not. Fingers crossed its there. I remember the i94 was not very secure, so I'm hoping it hasn't slipped out on its trip around the country.

[hmh33 117]

OK. What ever you do, make sure the RFE is replied to before the due date.

[sarahk316 2]

Finally ICE have my passport and I-94 and we are picking it up this afternoon! Apart from the docs and a copy of the request of evidence letter, do we need to put anything else in the letter to them?

[Hypnos 6,576]

No. In fact, the fewer documents the better, provided you satisfy the RFE.

In your case all they need is a copy of the front and back of the I-94. Nothing else is required to prove a legal entry. Do not send the original.

[sarahk316 2]

We were able to pick up the passport and I-94 and we sent it off. Such a relief. Many thanks again for all of your help.