I-130/I-485 require an I-94?

[nyc10029 0]

Hello,

 

I (US Citizen) and my spouse (DACA recipient) are filing a concurrent I-130/I-485. In the I-485, there is a note to include the I-94 form. However, when I go to get the latest I-94 form for my spouse online, no documents are found. I've tried all variations of their name and document numbers (Passport, USCIS #, A#), but nothing is returned. My spouse entered the US in 2000 as a child, so I feel that there may not be an I-94 on file. 

My question is, do I need to file form I-102 to get a replacement I-94 (and pay the associated $500 fee)? Or since my spouse is a DACA recipient, is the need for the I-94 moot, and I can simply include their DACA card with the I-485?

Thank you!

[Boiler 45,399]

To adjust you need to show he has the basis of being able to adjust, he entered with inspection.

 

The obvious way of proving this would be the stamp in his passport.

[nyc10029 0]

We have a renewed passport as of a month ago, it doesn't have any stamps in it, and we don't have the passport that was used to enter as this was several decades ago. The only proof of current status is the current/non-expired DACA card, so I presume that would be okay to use in lieu of the I-94?

[Boiler 45,399]

I am not sure how you plan to get a replacement I 94 if one is not in the system?

1 minute ago, nyc10029 said:

We have a renewed passport as of a month ago, it doesn't have any stamps in it, and we don't have the passport that was used to enter as this was several decades ago. The only proof of current status is the current/non-expired DACA card, so I presume that would be okay to use in lieu of the I-94?

DACA is not a status as the name says.

[nastra30 2,282]

2 hours ago, nyc10029 said:

The only proof of current status is the current/non-expired DACA card, so I presume that would be okay to use in lieu of the I-94?

Deferred does not provide lawful status and doesn't proof someone was inspected/paroled so DACA card won't do. USCIS needs proof that they were inspected/paroled into the country.

[Crazy Cat 41,677]

2 hours ago, nyc10029 said:

My spouse entered the US in 2000 as a child,

Have you spoken to an immigration attorney? This might be more complicated than you think.

[SalishSea 17,771]

5 hours ago, nyc10029 said:

We have a renewed passport as of a month ago, it doesn't have any stamps in it, and we don't have the passport that was used to enter as this was several decades ago. The only proof of current status is the current/non-expired DACA card, so I presume that would be okay to use in lieu of the I-94?

No.  You need to show how he entered the US.

[Pinkrlion 2,713]

The instructions state that to file the I485 you have to have an inspected entry into the US. This a good time to get an attorney. 

[Demise 1,263]

This is one of those reasons to hang onto an old passport that was used to enter into US, since even if you can't find the I-94, the stamp itself is generally enough to prove at least the procedural regularity in admission (you showed up, presented yourself to CBP or in the year 2000 to the INS, and were allowed to enter) which is generally enough for marriage AOS.

 

When it comes to searching online, electronic I-94s became a thing in 2013, so the system likely won't return anything no matter how you try to twist or misspell the name. There's also the big question of how long those entries remain searchable and if they were ported over in the first place. You can try searching for his parents info if he came with them, if you can find their record that'll help in locating his.

 

So, first order of business would be to file FOIA with CBP. That can either be done by filing a paper G-693 or via SecureRelease: https://i94.cbp.dhs.gov/I94/#/faq. Provide as much information as you can to help locate the record like name, date of birth, country of nationality, port of entry, approximate date of entry or range, and information of other people who entered at the same time (like if husband came with parents that information can help track down the record).

 

Another option would be file a FOIA with USCIS for a copy of his A-file. This is unlikely to pull down his I-94 or other record of entry but who knows, maybe he submitted it previously when he first applied for DACA or at least listed the numbers to get another FOIA with CBP going or to file I-102 should that fail.

 

 

Edited September 22 by Demise

[Family 3,988]

Absolutely do the free CBP FOIA first. Provide all of the details on the POE that his family can remember: ex details on adult he came in with ( assuming parent), approximate date, time of day , gender of the CBP agent..

 

Is it possible his visa was in the parents passport ( not uncommon for Mexico) …or was there a B/C border crossing card ? 

 

I also like the A file FOIA for his DACA, in case he provided info/copy of entry. I-102 is notoriously narrow search and without exact parameters…they often come back no record after months and months of waiting.

 

Do not file adjustment without solid proof of most recent entry. …of course worth asking did he ever travel on AP ? …in that case just show that