i-485 Proof of legal entry: I have an I-94 but...

[utilisateur 0]

Hi everyone,

I'm a Canadian citizen applying for adjustment of status with my USC wife as sponsor.

I know that most Canadians who visit the U.S. do not have I-94's, but Canadians with non-immigrant visa statuses do. I am one of the people in the second category since I am under F-1 status.

However here's the complication: I received a new I-94 when I came back to the U.S. from a visit to Israel in 2011. This was before the USCIS started to have electronic records for I-94's.

However in the meantime I traveled to Canada and back to the U.S. twice, and neither time did I get a new I-94. Therefore the date on my I-94 is not the same date I last legally entered the U.S.

How do I prove legal entry into the U.S.?

I'm worried because I found the following on a CBP website:

https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel

Adjustment of Status - For individuals filing a Form I-485 to Adjust Permanent Resident Status or to Register Permanent Residence, USCIS requires you to submit a copy of your official stamped passport to prove your last lawful entry into the United States. This can include a copy of the official admission stamp in your passport, a copy of the I-94 you received, or the print out of your I-94 number from CBP.gov if you entered after April 30, 2013 and did not receive a paper I-94. If you are a Canadian citizen, and were not issued one upon entry into the U.S., you may go to a Deferred Inspection Site (DIS) to request one. Alternatively, if you have no documentary evidence of legal entry, you may file a Freedom of Information Act (FOIA) request with CBP to obtain your most recently recorded date of legal entry into the U.S. To facilitate your request, you should provided the date of your most recent entry, as best as you can remember it. USCIS may require additional documentation after the initial filing of your Form I-485. You should only submit a FOIA request for documents for which you do not have access.

Do I need to go to a Deferred Inspection Site to request a new I-94?

[Rob & Monika 87]

Someone asked a similar question recently. Searching through the forums, some Canadians get an RFE for not supplying the I-94, others have no problems. Some put a letter in with the I-485 explaining they never received one because they crossed as a visiting Canadian and had no issues. Getting a copy of proof of legal entry will help, it sounds like others skip this part.

[utilisateur 0]

Hi,

I did a search before posting this topic, but I couldn't find an example where the person HAD an I-94 but the I-94 did not match the actual most recent date of entry into the U.S. The other topics were about Canadians who did not have an I-94 AT ALL.

[Rob & Monika 87]

The I-94 is proof you entered the country legally. If you leave the country, you cannot use the proof from a previous visit to prove that your current presence in the US is valid. Your I-94 does not prove you are here legally since you left the country since then, therefore you cannot use it.

[utilisateur 0]

Then the important issue is: as an F-1 student, USCIS knows that I DO have an I-94. Therefore I can't simply leave the I-94 entry blank in the I-485 form.

I have tried to access CBP's online I-94 database but didn't find any record of me entering the U.S. at the time that I did enter.

My current plan is to put in my I-94 number, but write in the cover letter of the application that the reason why my Most Recent Entry date doesn't match my I-94 entry date is due to Canadians not exchanging their I-94 when they enter through the border. Should I put a little Post-It note beside the discrepancy on the form?

[Rob & Monika 87]

That might work fine, idk, you are in a unique situation. Did you receive a stamp in your passport when you last entered? A copy of that will be sufficient. Did they admit you with the visa or as a visitor? Either way, if you end up getting an RFE you should be able to clear it up.

[utilisateur 0]

No passport stamp. I don't see how they can admit me as a visitor because I am on F-1, not B-1. The point is I am trying to avoid getting an RFE.

I'm surprised this situation doesn't come up more often, after all there are tons of Canadians on TN, F, J, L, H1-B and other visa statuses who received I-94's on initial entry and have reentered Canada since then without surrendering their I-94.

Edited May 19, 2014 by utilisateur

[Krikit 1,165]

Was the I-94 still valid during your last entries?

[utilisateur 0]

Yes, because the I-94 had a stamp that said F-1 D/S (Duration of status), which I assume means that as long as my F-1 status is valid, my I-94 is valid too. But as I said, I have left and reentered the U.S. two times at the Canadian border since I received my current I-94.

[Krikit 1,165]

That's fine. You don't get a new I-94 if your old one is current. They'll have your arrival/departure record based on passport swipes. Not that it matters because they're used to Canadians without one. Just provide an explanation with the application.

[Melibelle 10]

Are you able to print out an I-94 at all from the CBP website? We used the website to purportedly print out copies of my husband's original I-94, not realizing they had issued him a new number based on his last entry into the US. He's on a TN.

[utilisateur 0]

No, I searched the I-94 database for my name and date of entry but nothing came up. Keep in mind that the last time I was outside the U.S. was in 2011, before the electronic database was created.

[utilisateur 0]

Okay, I looked up my passport number with the new CBP I-94 search tool and I was able to find records of the actual paper I-94's issued to me in 2008 and 2011. But no records of my two departures to and entries from Canada after that, when I was not required to surrender my I-94.

[kp48 0]

On 5/19/2014 at 12:29 PM, utilisateur said:

Hi,

I did a search before posting this topic, but I couldn't find an example where the person HAD an I-94 but the I-94 did not match the actual most recent date of entry into the U.S. The other topics were about Canadians who did not have an I-94 AT ALL.

Hi Usilisateur, I am now in the same situation as you were. Any update on how this issue was resolved? Thanks!