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  • Question Regarding Original Documents

    I came here with my family on a visitor's visa B1/B2 when I was around 6 years old. Since then we've moved several times and my mother who was holding on to it now cannot find my original passport with my visa and departure/entry documents. My brother had copies of all of this, so that's what we were able to send with my application to adjust through US citizen spouse.

    My question is, are they going to ask for the originals when my spouse and I go for our interview?

    Greatly appreciate the input in advance.

  • #2
    The copies you submitted, as proof of your legal original entry (B2) should satisfy the Adjustment review process.

    --Ray B

    Originally posted by LaLa88 View Post
    I came here with my family on a visitor's visa B1/B2 when I was around 6 years old. Since then we've moved several times and my mother who was holding on to it now cannot find my original passport with my visa and departure/entry documents. My brother had copies of all of this, so that's what we were able to send with my application to adjust through US citizen spouse.

    My question is, are they going to ask for the originals when my spouse and I go for our interview?

    Greatly appreciate the input in advance.

    Comment


    • #3
      Originally posted by rayb View Post
      The copies you submitted, as proof of your legal original entry (B2) should satisfy the Adjustment review process.

      --Ray B
      Thank you.

      Comment


      • #4
        Do you have your I-94? If it was a paper I-94 (it would be paper if you entered before 2013), did you lose it?

        Copies can be submitted with the application, but at the interview, they will need to examine the originals.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          Do you have your I-94? If it was a paper I-94 (it would be paper if you entered before 2013), did you lose it?

          Copies can be submitted with the application, but at the interview, they will need to examine the originals.
          I came here in the 90's, so it's paper form. The I-94 was included with my passport & visa that my mother misplaced. I have a photo copy of it though.

          Is there anything I can do to obtain an official copy of these documents?
          Last edited by LaLa88; 12-22-2016, 03:28 PM.

          Comment


          • #6
            If you entered in the 90s then it was a paper I-94. It's a paper stub that people usually attach to their passports. If you lost your original I-94 (and since you lost the original passport with the stamp as well), you have no original proof of legal entry, and might have to apply for a replacement I-94 with I-102.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by LaLa88 View Post
              I came here in the 90's, so it's paper form. The I-94 was included with my passport & visa that my mother misplaced. I have a photo copy of it though.

              Is there anything I can do to obtain an official copy of these documents?
              Good afternoon lala, unfortunately you will no longer have access to a copy of your I-94 due to the fact that CBP has digitized the I-94 process and they only go back 5 years.
              You only have 2 options open to you and the first is under Freedom of Information Act:
              You may request records from CBP electronically: https://www.cbp.gov/site-policy-notices/foia/records#
              Review the link to see what criteria is involved. CBP responds to FOIA requests within 90 days
              If CBP responds back with no information then your records can be obtained at the Summit Lee records office in Missouri, thats going to involve a different agency which is USCIS here is their link for a FOIA request: https://www.uscis.gov/about-us/freed...nd-privacy-act
              Some tips here for you to consider, where was your point of entry? Do you still have access to your passport or do you recall your passport #? If you must uses FOIA for CBP then be as detailed in your enquiry as possible.
              If your request is under fast track you will receive an answer within 16 weeks.

              Good luck

              Comment


              • #8
                Originally posted by newacct View Post
                If you entered in the 90s then it was a paper I-94. It's a paper stub that people usually attach to their passports. If you lost your original I-94 (and since you lost the original passport with the stamp as well), you have no original proof of legal entry, and might have to apply for a replacement I-94 with I-102.
                Thank you for the info. Do you know how long it will take for them to process? Since I already submitted my AOS application will I need to mail them a copy of the replaced I-94 or just bring it with me to the interview and explain what happened?

                - - - Updated - - -

                Originally posted by Adrian Gruber View Post
                Good afternoon lala, unfortunately you will no longer have access to a copy of your I-94 due to the fact that CBP has digitized the I-94 process and they only go back 5 years.
                You only have 2 options open to you and the first is under Freedom of Information Act:
                You may request records from CBP electronically: https://www.cbp.gov/site-policy-notices/foia/records#
                Review the link to see what criteria is involved. CBP responds to FOIA requests within 90 days
                If CBP responds back with no information then your records can be obtained at the Summit Lee records office in Missouri, thats going to involve a different agency which is USCIS here is their link for a FOIA request: https://www.uscis.gov/about-us/freed...nd-privacy-act
                Some tips here for you to consider, where was your point of entry? Do you still have access to your passport or do you recall your passport #? If you must uses FOIA for CBP then be as detailed in your enquiry as possible.
                If your request is under fast track you will receive an answer within 16 weeks.

                Good luck
                So, I'm assuming it's not worth the time or money submitting the I-102 since they can only go back 5 years?

                I'll try your method first and hope for the best. Thanks for the help.

                Comment


                • #9
                  Originally posted by LaLa88 View Post
                  I came here with my family on a visitor's visa B1/B2 when I was around 6 years old. Since then we've moved several times and my mother who was holding on to it now cannot find my original passport with my visa and departure/entry documents. My brother had copies of all of this, so that's what we were able to send with my application to adjust through US citizen spouse.

                  My question is, are they going to ask for the originals when my spouse and I go for our interview?

                  Greatly appreciate the input in advance.
                  Hello Lala, I think ray answered that question for you.
                  I'll explain my situation so that you may get some direction:

                  I entered the US in 1972 from Ontario through Detroit, I had a passport and a greencard.
                  My green card was taken from me and I lost my passport and over the years I compltely forgot about it, now I need to get a greencard for benefit reasons and I submitted all the documents I have available, as you can guess I no longer had a green card, passport or I-94.
                  When I went for an interview in Sept. 2 years ago the investigating officer had my entire file in front of him. So I think its safe to assume that if you came in under legal inspection, you know the date you came in chances are USCIS will already have access to that data! So on your I-485 where it asks you on page 2, part 3 section A Did you come in under legal inspection answer yes!

                  Comment


                  • #10
                    Originally posted by Adrian Gruber View Post
                    Hello Lala, I think ray answered that question for you.
                    I'll explain my situation so that you may get some direction:

                    I entered the US in 1972 from Ontario through Detroit, I had a passport and a greencard.
                    My green card was taken from me and I lost my passport and over the years I compltely forgot about it, now I need to get a greencard for benefit reasons and I submitted all the documents I have available, as you can guess I no longer had a green card, passport or I-94.
                    When I went for an interview in Sept. 2 years ago the investigating officer had my entire file in front of him. So I think its safe to assume that if you came in under legal inspection, you know the date you came in chances are USCIS will already have access to that data! So on your I-485 where it asks you on page 2, part 3 section A Did you come in under legal inspection answer yes!
                    Greatly appreciate the assurance. I just want to make sure I'm able to provide the original documents, if they were to ask for it. Like anyone, I want to be prepared with all documents and not have this delay my process. It's already nerve-wrecking as it is.

                    Thanks again.

                    Comment

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