Need proof of legal entry

[nkatcla 0]

I am in the same boat BIG TIME.. my husband came here in 19898 he was 13 lost his original passport and I94. He came with his step dad, they were able to obtain sted dads I94 and my husbands missing. We even tried to get documents from Registry of Motor Vehicles hoping they took copies of it when he went for his license at 17. Well.... nothing there as in the early 1990's they were not required to keep it. We have had our interview and the only thing from him getting his green card is the I94. RMV said they are mailing us the application showing he was there that time and that USCIS should be able to accept that. We have until Dec 15th. VT office never responded to our RFE when we sent in letter stating what day and with who he traveled.

Does anyone have ANY IDEA what we can do????

[Pitaya 2,577]

~You are posting on a thread that hasn't been active for over two years. Consider posting a new thread.~

[Ban Hammer 13,588]

posts split from an older thread

[newacct 688]

Have you tried filing an I-102 for a replacement I-94?

[nkatcla 0]

yes we filed it they cannot locate him anywhere. We sent in a RFE giving his step dads name with other information, that was in August and have not heard anything back. Feeling stuck and scared at the same time. How can they not locate it they came in together

[KayDeeCee 4,896]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas- OP entered US as a child with tourist visa ~

[Hypnos 6,578]

You can try filing a Freedom of Information Act request with CBP and attempt to obtain a copy of the I-94 / entry records from them: https://foia.cbp.gov/

The only downside is that they are so backlogged from FOIA requests that you will likely have a delay of several months before receiving the records you need, and obviously by then your RFE will expire. If you are unable to respond in a timely manner to the RFE then the AoS will be denied and your husband will probably be placed in removal proceedings, so it's important to do this now, as in as soon as you read this post.

Any records you obtain from a state DMV will not prove legal entry, they would just show he was here, so USCIS will not accept them as proof of legal entry. You must have either (i) a passport stamp by CBP / INS, (ii) a copy of an I-94, (iii) some other record from CBP / INS indicating he entered legally. USCIS will only accept one of those three, and without them your husband's AoS will not be approved.

You should consult with an experienced immigration lawyer also, or perhaps several, if you have not already done so.

Edited October 22, 2013 by Hypnos