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  #1 (permalink)  
Old 07-16-2009, 02:59 PM
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Default copies of past I-94's

Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.

Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?

Thank You.
__________________
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I-140 Approved - 09/14/2006
I-485 - ND - 08/10/07 RD - 09/20/07
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  #2 (permalink)  
Old 07-16-2009, 05:25 PM
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Default Call Customs and Border Patrol

Call the toll free number (877-CBP-5511 ) of the customs and border patrol (Questions/Customer Service - CBP.gov). They can give you the location and number of your local city's office. Call your local city customs office and identify yourself using passport number. They may ask you some basic questions to verify your identity.

Inform the officer about the query from USCIS and ask them to give you the I-94 number, validity date. They wont give you a physical copy of I-94, but they will certainly tell you the I-94 number and expiry date. While responding to the RFE from USCIS, you can say that - "I-94 is taken back while leaving the country. Based on the call with Customs and Border patrol on so and so date and time, the I-94 number is blaw and validatity date is blaw blaw"

Your attorney should be able to write the above message in legal language. I had a similar RFE and I was able to call customs office and get all my I-94 information. When I called the local Customs and border patrol office, they picked up the phone immediately and they seem to be very friendly. Good luck.

Last edited by meetpravee; 07-16-2009 at 05:29 PM.
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  #3 (permalink)  
Old 07-16-2009, 07:01 PM
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Default

Thank you for your reply.
__________________
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  #4 (permalink)  
Old 07-16-2009, 07:06 PM
US Immigration Attorney
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Default

Quote:
Originally Posted by kk_kk View Post
Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.

Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?

Thank You.
Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).

In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.
__________________
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Law Office of Elaine Martin
Phone: (214) 329-4148
Toll-free phone: 1-866-318-8813
emartin@martinvisalaw.com
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www.martinvisalaw.blogspot.com
Dedicated exclusively to immigration law since 1997

This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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  #5 (permalink)  
Old 07-17-2009, 04:51 AM
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Default 485 RFE Received for I94

Hi,
I received RFE on my 485 for I94 copy. My situation is below

I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
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  #6 (permalink)  
Old 07-17-2009, 10:12 AM
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Default

Quote:
Originally Posted by martinvisalaw View Post
Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).

In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.
Thank You for the detailed answer.

My question was not related to any RFE in specific. But in a general way, what would be the procedure to obtain the past copies of I-94's.

As per your answer, it should not matter, If I have the copies or not. It would be good, if we have it. Otherwise there are alternative ways to answer the RFE.
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  #7 (permalink)  
Old 07-17-2009, 12:26 PM
US Immigration Attorney
Law Office of Elaine Martin
6333 E. Mockingbird Ln Ste 147-910
Dallas, Texas-75214
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Default

Quote:
Originally Posted by sripk View Post
Hi,
I received RFE on my 485 for I94 copy. My situation is below

I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
__________________
Elaine Martin
Law Office of Elaine Martin
Phone: (214) 329-4148
Toll-free phone: 1-866-318-8813
emartin@martinvisalaw.com
www.martinvisalaw.com
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This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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  #8 (permalink)  
Old 07-17-2009, 11:01 PM
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Default RFE ON I485 for I94

Thanks Elaine for your prompt reply to my question.
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  #9 (permalink)  
Old 07-18-2009, 09:52 PM
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Default Response to RFE on I485 for I94

Below is a draft statement i prepared and appreciate if you can review it and suggest any changes reqd if this is not convincing.

I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
I have a copy of my previous I-94 entry card from <prev_entry_date>


Few questions that may arise based on above statement:
1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
-Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.

Any other possible questions you can think of that needs to be addressed in my statement?
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