I-485 Evidence of Continuously Maintaining a Lawful Status Since Arrival in the US

[Andrewgt 0]

I am trying to sponsoring my mother who came to the US over 30 years ago using a tourist visa and over stayed. She has been here ever since.  I am trying to fill out I-485 but one of the requirements is "Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States" which we do not have. 

Quote

Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2)

She does not have her original passport or I-94.

The instructions clearly state that she is barred from adjustment by "INA section 245(c)(2)" - so is there something else that we can do?

[aleful 1,905]

overstay is forgiven but she does need to prove that she entered legally to the US, if not she will be denied and can be asked to leave the country

 

anyway she will need a copy of all her passport pages, especially where the tourist visa was and a copy of her i94, she can try to get a copy with the i102 form, but since it was 30 years ago, there is no guarantee that immigration can send a copy of the i94

 

did she loose her passport and did she report it to the police? if you file for her, somehow she has to prove that she had a tourist visa and that she legally entered the country. if you can't find that, then don't file for her

 

 

[Andrewgt 0]

Thank you aleful, she does not have any of her original documents (the apartment she stayed in burned down over 10 years ago). All she has is a new passport. Thanks for recommending i102, I'll try that, do you know if they will still charge us if they cannot provide the i94? Also, if they cannot provide the i94 is it going to be impossible to sponsor her?

[Boiler 46,208]

No refunds

 

She needs to show she was inspected, I94 is the most obvious.

[Andrewgt 0]

Any other options besides I-94 via form i102?

[Boiler 46,208]

I 94 in the Passport.

[azblk 338]

3 hours ago, Andrewgt said:

Any other options besides I-94 via form i102?

No She has to prove she came in legally.  Original i-94 or passport stamp could have worked but since she doesn't have them anymore she needs to fill i-102.