I-485 Denied/Motion appeal denied :( Please Help!

[krishnalover]

The details of my case are as follows: I got married to a US Citizen in September of 2010 in NY, NY. My husband filed for I-130 and that was approved almost a year later followed by a submission of I-485. I got my interview date for April 2012 and in June it was denied based on lack of proof to show that I came here legally. My passport was burned by my ex husband and I had a copy of my passport and the immigration stamp that has the date of when I entered the country but I do not have a copy of my I-94. I have already tried getting a duplicate for my I-94 which came with no results. After my denial my lawyer filed for motion to reappeal, I submitted affidavits from my parents saying that we all got the visa the same day and our visa numbers are consecutive with one missing that could potentially be my number, I also included affidavit of my uncle who picked me up at the airport. My motion to reappeal was also denied for the same reason of not being able to prove my entry. The decision of the denial came Mid December of 2012. I am awaiting the court date now and I am clueless to how much time it takes to get a court date. Meanwhile my employment authorization expired and had my lawyer submitted the reissue on time I would have received it based on pending status of my motion to reappeal. Now I am jobless and kind of hopeless. Can you please provide any possible solution to this problem? Or any ideas of the timelines. I really appreciate any insight that you can provide me.

[jmogens]

Did you ask for a replacement passport from your country? Were you issued some kind of Visa? (F-1 visa and an I-20 if you were a student?) You can probably prove to USCIS that you were issued with a visa because that information is in their system. With the new passport and proof of your old visa, you can fill out the I-102. I don't think it will be smooth sailing, but maybe you can collect enough tangential proof to show that you MUST have been issued with an I-94.

I also think that if you come from a country that does not neighbor the US, you could maybe explain that there is no other way to get here other than to actually legally cross the border. Not that they would listen, but as part of your explanation.