Don't know my current status??

[Miryamroper 0]

Came with a bcc now expired, no passport. My mom and dad sent back the I-94 to Mexico.. I have no idea why. They are almost no help to me since they didn't speak English 17 years ago when we came. My point being I almost want to say we came on the VWP but i can't ask them because they have no clue what I'm talking about. Can anyone help me figure out my current uscis status? We overstayed our visit and came in legally in 1995. Ask me anything to help me figure out this simple question!

[Harpa Timsah 13,258]

You came on BCC, definitely not the VWP. BCC is a sort of tourist visa for shopping in border towns, from what I understand, you are not even allowed to leave a certain area let alone stay in the US. But your parents did you a huge disservice by sending back your I-94. Basically they did that to make it appear as though you left so you would not accrue overstay days and law enforcement won't come looking for you. But now you are going to have an even harder time because there is a record of you leaving and not one of you coming back, so it looks like you entered illegally. You need to prove that you entered legally that first time and that you stayed the whole time. This is your responsibility and already you are asking if you can skip it or not do it. No, this will be the most important part of your application.

I suggest a consult with a lawyer.

[Miryamroper 0]

You came on BCC, definitely not the VWP. BCC is a sort of tourist visa for shopping in border towns, from what I understand, you are not even allowed to leave a certain area let alone stay in the US. But your parents did you a huge disservice by sending back your I-94. Basically they did that to make it appear as though you left so you would not accrue overstay days and law enforcement won't come looking for you. But now you are going to have an even harder time because there is a record of you leaving and not one of you coming back, so it looks like you entered illegally. You need to prove that you entered legally that first time and that you stayed the whole time. This is your responsibility and already you are asking if you can skip it or not do it. No, this will be the most important part of your application.

I suggest a consult with a lawyer.

They just sent the I-94 to my Grandma by mail. She died several years ago and doesn't have it anymore so I can't ask for it back. So that's is totally false about they're being a record of me leaving. I've gone to school all my life. I've talked to a lawyer and he even lowered my retainer fee because I didn't have any problem in my case. But I decided not to hire him because I can do it myself. So that being said what is my current status???

[Harpa Timsah 13,258]

The whole point of turning in your I-94 is a scam to "pretend" you left. Do you know what your grandma did with it? She was probably instructed to mail it to the CBP (this is the whole point of doing this).

If you think I am "totally false" then I won't help you anymore.

[Miryamroper 0]

And I never asked if I could skip anything. I'm simply asking for advice. I know that part is important I just want to make sure I have everything I need. My only problem is I don't have a I-94. I know I can order one but I'm wondering if I can prove i stayed some other way.

[Miryamroper 0]

No you don't understand what I'm saying. I'm saying you are false about the fact that my family sent the I-94 to Mexico to pretend we left so INS wouldn't deport us. All they did was mail it to my Grandma. She never turned it in to anyone. I have no idea what she did with it. I'm sure she threw it away because she wouldn't have known how important it was. The point is I don't have it and can't get it back. And there is no scam as you say. I just don't have the I-94. Can I prove I stayedsome other way? Has aanyone gotten a green card without the I-94?? And I still don't know my current status?

[JohnR! 5,495]

No you don't understand what I'm saying. I'm saying you are false about the fact that my family sent the I-94 to Mexico to pretend we left so INS wouldn't deport us. All they did was mail it to my Grandma. She never turned it in to anyone. I have no idea what she did with it. I'm sure she threw it away because she wouldn't have known how important it was. The point is I don't have it and can't get it back. And there is no scam as you say. I just don't have the I-94. Can I prove I stayedsome other way? Has aanyone gotten a green card without the I-94?? And I still don't know my current status?

If you're over 18 you are accumulating unlawful presence, which means you are here illegally.

The only way you can prove you did not enter the US illegally without a proper border crossing is if you find the old I-94. Failing that you can return to Mexico and re-enter the US with a visa, otherwise it will be presumed you crossed into US territory illegally.

[Miryamroper 0]

If you're over 18 you are accumulating unlawful presence, which means you are here illegally.

The only way you can prove you did not enter the US illegally without a proper border crossing is if you find the old I-94. Failing that you can return to Mexico and re-enter the US with a visa, otherwise it will be presumed you crossed into US territory illegally.

What do you mean "Failing that you can return to Mexico. ." I don't understand that sentence?

[JohnR! 5,495]

What do you mean "Failing that you can return to Mexico. ." I don't understand that sentence?

If you can't find and present the original I-94, the presumption will be that you entered the US illegally.

In that case, you can return to Mexico and re-enter the US in which case you will receive a new I-94 and will no long be presumed to be in the country illegally.

[Harpa Timsah 13,258]

If you can't find and present the original I-94, the presumption will be that you entered the US illegally.

In that case, you can return to Mexico and re-enter the US in which case you will receive a new I-94 and will no long be presumed to be in the country illegally.

Um? If the Op left they would be banned from returning.

OP: School records do NOT show that you entered legally. They are totally unrelated things. You need to prove a legal entry.

[JohnR! 5,495]

Um? If the Op left they would be banned from returning.

OP: School records do NOT show that you entered legally. They are totally unrelated things. You need to prove a legal entry.

Correct. IMHO an immigration lawyer is in order.

[Miryamroper 0]

I just talked to my mom who told me she doesn't have the 1-94 and it no longer exists. I don't know what I'm going to do. Because I was not responsible for keeping up with it and they no longer have it. I'm trying to find out if they turned it in to make it look like we left but really never went back. My mom doesn't know so I have to ask my dad the million dollar question when he gets home from work.

[goodbar 1]

Came with a bcc now expired, no passport. My mom and dad sent back the I-94 to Mexico.. I have no idea why. They are almost no help to me since they didn't speak English 17 years ago when we came. My point being I almost want to say we came on the VWP but i can't ask them because they have no clue what I'm talking about. Can anyone help me figure out my current uscis status? We overstayed our visit and came in legally in 1995. Ask me anything to help me figure out this simple question!

Read your post and the comments below and after research I came up with this conclusion. Your official status is "OUT OF STATUS". This is because the BCC is also a B1/B2 visa which has an expiration date on the front, which has passed. Once that has passed you are out of status. Now here is the tricky part... You are also accruing unlawful presence ONLY because you have no proof you came here legally. What this means now is that if you try the AOS path you will require a waiver and possibly face a fine. If you leave, you will be subject to the 3 or 10 year ban. Your options are:

1. Miraculously find the original I-94. This means you will no longer be considered an illegal alien (or entered illegally, hence accruing unlawful presence). With the I-94 in hand you can go AOS path and periods of OUT OF STATUS are forgiven if you are married to a USC.

2. Attempt the AOS path without the I-94, lawyer up, pay the fine and hope your waiver is approved. Please note USCIS will assume you came here illegally even though you did not (based on what you said).

3. Leave the country, wait 3 or ten years, apply for a visa and return to the US. This time store the I-94 in a vault and don't send it back home under ANY circumstances.

4. Stay here in the US indefinitely, out of status, while accruing illegal presence, and hope the law somehow changes to benefit you before you get deported.

PS I hope you find the I-94 and do not mistake my advice and opinions for legal advice. You can reference section 245 of the INS Act and then subsection 245 (i).

[Harpa Timsah 13,258]

She can order a replacement I-94, but she doesn't want to.

[VanessaTony 3,567]

No you don't understand what I'm saying. I'm saying you are false about the fact that my family sent the I-94 to Mexico to pretend we left so INS wouldn't deport us. All they did was mail it to my Grandma. She never turned it in to anyone. I have no idea what she did with it. I'm sure she threw it away because she wouldn't have known how important it was. The point is I don't have it and can't get it back. And there is no scam as you say. I just don't have the I-94. Can I prove I stayedsome other way? Has aanyone gotten a green card without the I-94?? And I still don't know my current status?

If you don't know what she didn't with it, you can't then say she never turned it in to anyone, and can't say you're "sure she threw it away". Your parents probably won't tell you the truth either, for fear of you judging them, or they simply might not remember.

I assume your grandmother lived in Mexico. They would have been mailed to her, and she would have mailed them and the stamp on the envelope would have been from Mexico instead of the US.

The only way is to ORDER A REPLACEMENT I-94. It costs money but it's the easiest way. Nothing else proves you entered legally.