Dealing with RFE for proof of entry (split topic)

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Many Canadians are denied AOS for lack of proof of lawful admission. A quick Google search turns up dozens of cases like this. The Adjudicators Field Manual states that proof of lawful admission is a matter of evidence and not a matter of discretion. Canadians who entered the US by crossing a land border after October 1, 1906 (or after July 1, 1924, if they passed through a preinspection station) are not allowed the presumption of lawful admission. They need proof.

Many Canadians who enter the US now do not get their passports stamped, but they do scan the RFID chip in the passport and record their entry.

Edited by JimVaPhuong, 23 October 2011 - 10:26 AM.

My wife and I are going through this now. She is (was) a Canadian LPR and entered the US via land through Niagra Falls. She presented herself to a CBP Officer and was waved through without an I-94 or stamp in her Haitian passport. She did not intend to stay in the US, but did anyway. I anticipated this being a problem and we hired an attorney to handle our case. A Matter of Areguillin legal brief and an affidavit of her entry circumstances was submitted with our I-130, I-485, and I-765. As expected, we received an RFE for proof of legal entry into the US. Our attorney sent the affidavit and brief again, so hopefully USCIS will be satisfied. Probably a long shot, but I also filed a FOIA request with CBP for proof of her entry. It is not easy, but AOS can be approved without definitive proof of lawful admission using Matter of Areguillin, which was reaffirmed by Matter of Quilantan. Unlike criminal law, the burden of proof is on the beneficiary.

[Ryan H 3,818]

Post split from thread over two years old.

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Thanks, Ryan.