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Miryamroper Rookie

Miryamroper   0

Posted
Filed: Country: Mexico
 Timeline
Posted

I just registered on here and didn't know what to put on the immigration status question. I came to the US legally in 1995; when I was 1year old using a BCC border crosser card. We never overstayed our visit and never returned to Mexico. I know I'm here illegally now but what is my immigration status? Choosing undocumented or illegal was not an option. Lol.

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

Do you have proof that you entered with inspection ?

"illegal" usually means snuck in with no inspection this is also undocumented

overstay means you entered legally and didn't leave. What form are you filling out

This will not be over quickly. You will not enjoy this.

Miryamroper Rookie

Miryamroper   0

Posted
Filed: Country: Mexico
 Timeline
  • Author
Posted

I'm filling out the I-485 Adjust Status. I got married 2 years ago and my husband is a US citizen. I don't have proof that I entered legally. No 1-94. What should I do? Can I submit without it?

I meant to put we overstayed our visit on my original post.

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

It is your responsibility to prove that you entered with inspection. You need to get your passport or old cards or you won't be successful. You cannot submit without it.

You can request a replacement I-94, look it up, costs $$.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Moved from adjustment from family based visas to adjustment from work student tourist as the OP did not enter on a family based visa.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

You need proof of legal entry, and if you don't supply it with your AoS will be RFE'd for it, and if you do not respond to the RFE with it then your application will be denied, with you probably winding up in removal proceedings to top it off.

Proof of legal entry can be a few things, but for the vast majority of people it is a copy of their most recent I-94. Some people, such as those visiting on the VWP, are not issued an I-94, so have to use a copy of their ESTA approval and / or a copy of the CBP stamp on their passport indicating legal entry. You do not have that either though.

It sounds as if applying for a replacement I-94 would be your best bet, that or filing a Freedom of Information Act request with CBP to ask them to look through their records for details that you entered legally. Those requests take upwards of six months to process though, last I checked.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Miryamroper Rookie

Miryamroper   0

Posted
Filed: Country: Mexico
 Timeline
  • Author
Posted

Wel that sucks. But I know I would never be deported. I was brought here legally as a child and am now married with a child to a US citizen. Since I've never left the U.S and have never been in legal trouble I can apply for deferred action for $400 and stay legally for 2years. So I'm not worried about being deported. So I just have to get the I-94? I can't prove some other way? School records? Nothing?

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

People who filed an I-485 which is rejected are usually placed in removal proceedings. I'm not sure how DACA interacts with this, but I suspect it would not prevent it since you are applying for a new immigration benefit with the I-485 (i.e. a green card), rather than deferred action based on your previous illegal presence. IANAL though.

School records do not prove a legal entry, so cannot be used. You need at least one of the following:

(1) An I-94.

(2) Passport stamp.

(3) Other CBP record indicating legal entry.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

Well yes and no.

Yes you cannot file right now (well you can, but it would be a really bad idea), but you can file to receive a replacement I-94 as you indicated above, or could file a FoIA request with CBP for your previous entry records.

Speaking to a lawyer (ideally several) would also be a good thing to do.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Miryamroper Rookie

Miryamroper   0

Posted
Filed: Country: Mexico
 Timeline
  • Author
Posted

I'm just going to file for deferred action for childhood arrivals. I qualify for that and you don't need an 1-94 either. Plus it's cheaper and I'm only on a time crunch because my husband's pay just got cut and our savings will run out by the end of summer so I just need a job asap and I think that's the way to go. Plus since it's a two year deal I'll have time to get my stuff together and adjust my status later. And I'll have money for a lawyer and won't have to take it out of our savings.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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