AOS, no I-94 Issued at land crossing

[kp48 0]

I am applying for AOS and am a Canadian on a TN Visa. I crossed into the US at a land border from Canada in a NEXUS lane in the summer and did not receive an I-94 or a passport stamp. When I look up my I-94 on the CBP website, a previous I-94 is listed from air travel earlier in the year. Arrival/departure records on their website do list my most recent land entry (I am aware that the process is such that land entry I-94s do no get updated electronically). Therefore I have no I-94 which accurately lists my most recent date of entry into the US, and no passport stamp to prove a legal entry into US.

 

 do have:

 

• My original I-94 white paper card stapled into my PP which was given to me when I was initially issued my TN Visa two years ago. This I-94 number does not match my "most recent I-94" number listed online. This suggests that CPB makes a new I-94 number each time you cross the border.
• My  "most recent I-94" available online with wrong most recent entry date.

 

AOS requires my I-94 number (presumably my most recent one which should prove I legally entered the US). I have three questions:

 

• Has a new I-94 been issued to me at the time of land crossing that I don't have any record of? Or is my "most recent I-94" listed online the real most recent I-94. If this were the case it would stand that no new I-94 number was created when I entered by land. There would still be the discrepancy of an inaccurate most recent entry date.
• What options do I have to prove my legal entry into US on my AOS?
• Maybe CBP did not create a new I-94 number for me at most recent entry because previous I-94 was still valid and I left the US to be in Canada for less than 30 days. Does anyone know how I could confirm this?

 

Maybe the correct I-94 number to list on my AOS is the original white paper card given to me when my visa was issued?

 

Thanks for your help!

 

PS: I have found this issue come up a few times on this forum, but no resolution ever posted.

[debbiedoo 2,339]

CBP will have record of it, even if in their own databases that we can't see. US/CA crossings are a bit different than any other country. Assuming your last entry was on your TN visa, they will definitely have record of it, even if no i94 was issued (as far as you can see, anyways). I think your A number would probably tie into that, though I could be wrong- its just a guess

 

how long ago did you enter? Last time I pulled Paul's electronically it seemed fairly accurate but I haven't pulled it since we filed for the K1.

 

Anyways, what I would do unless better advice comes along is write the date of your last entry, and include the electronic i94 and what ever other i94s you may have (we do not have any paper ones in 40+ visits)

Edited December 10, 2018 by debbiedoo

[kp48 0]

Hi Debbiedoo,

 

I'm sure CBP does have the record but, based on forum posts there's a history of Canadians in my situation explaining their lack of I-94 and getting a Request for Evidence returned to them in response to the AOS asking for an I-94. It seems that the applicant can be required to show proof of the legal entry nonetheless.

 

My logic agrees with yours and would say that since I have legal status and there's a record of my admittance into the country that I entered legally but apparently sometimes this ain't enough.

 

I entered 4 months ago, so more than long enough to have electronic records updated. Can you provide any explanation of what the A-number is and how I would find it in the context of a TN Visa holder?

 

Cheers, and thanks for your advice.