Adjusting Status - Error in Travel History and I-94

[charliek33 0]

Hello All! We are new to Visa Journey and need some advice!

- My partner is from Mexico, he originally entered the USA on September 7 at the AUH port of entry and his passport was stamped with a date of March 7.

- He exited the country in September via a Pedestrian crossing to Mexico and returned on October 5. He entered using his B1/B2 Border Crossing Card.

- He exited once again on November 7 via a Pedestrian crossing to Mexico and Returned on November 9, again using his Border Crossing Card.

Here's the problem:

1) His I-94 online shows his last entrance as October 5 and the I/O incorrectly entered him in on his J1 Visa.

2) On his November 9 entry, he was sent to secondary at the Otay Mesa POE due to confusion with a previous J1 entry. He clarified he was using his Border Crossing Card to enter and the officer immediately understood and waved him through. He told the officer he was going to San Diego for the day and still had his valid I-94 stamp, which evidently is fine for Mexican Citizens holding the BCC. Problem is, the entry is not logged on his travel history and it shows a departure instead of an entry.

Here is our problem: we want to get married and file AOS. I've encountered several attorneys confused by the information. Yesterday, I found a seemingly wonderful attorney who explained to us that he would not need to go through Deferred Inspection and she would write a cover letter explaining his last entry with proof of his stamps and his visas to show that it was an error upon entry and he was indeed inspected upon entrance.

Does this sound like a safe plan? The lawyer use to work for USCIS and seemed rather confident this would not be an issue, however my partner and I are skeptical. We are also a bit nervous to go to a CBP deferred inspection site for all of the "what if" scenarios that might fall, given that he told the immigration officer he was going to San Diego for the day and ended up staying with me all this time (Despite the fact we still feel as if he has legal presence in the US).

Due to his extensive travel history to the USA over the last two years, and lack of ties to Mexico, I'd prefer he not exit the USA and try to re-enter on his tourist visa as that can be problematic for a Mexican national sometimes. I

Any thoughts or opinions on this matter?

[Pitaya 2,577]

~Moved from Fam.-based AOS to Working & Traveling During US Immigration Forum~

~Inquiry about I-94 corrections~

(mod hat off)

I believe that the only way your partner is going to get this straightened out is by going to a CBP Deferred Inspection Station to take care of the matter. A letter from an attorney may likely carry little weight with a CBP Officer at a busy border crossing, and as such he may be detained in order to get the situation straightened out. It may look better for your partner to proactively go to the Deferred Inspection Station and state his case. At that time, perhaps the presentation of the "attorney letter" may be useful. The longer your partner waits to get this resolved, the worse the situation likely looks like in the eyes of the CBP, further complicating any future immigration plans.

You do not want to mess with the CBP, they can quickly mess up your plans.

Good luck on your immigration journey.

Edited January 17, 2016 by Pitaya