AOS was declined, I-130 approved.

[luis.barrios]

This is my first post I finally decided to join into the forums because i see there are lots of people dealing with similar situations and i wanted to get some feedback from the community. I know many people have it harder and some easier I wish the best to everyone. Here is my story:

I have been in this journey since back in 2003, i recently got married in 2015 and we submitted our I-130 we went for the interview and it got approved, this all got held back though because i have been in removal proceedings, I feel like I am not informed much in my own situation, I had an hearing on February 3rd 2017 and just received a notice that it will be pushed to February 26th of 2021 which makes me feel hopeless since they pushed it 4 more years down the line for the second time. I'm trying to get an understanding of it all.

I came in with a visitors Visa I believe, my parents brought me and we stayed in the US since, and i believe the reason they keep denying my AOS is due to the fact that I lost my visitors Visa and they don't believe i came into the US legally, which is hard for me to understand since they keep record of everything. I did come legally anyone know how to prove that you did come in legally I feel that it would streamline the situation and would allow them to approve my AOS I-485.

Thanks for reading. Any comments or advise are welcome and appreciated.

[Adrian Gruber]

Freedom of information request

Hello Luis, seems the one issue germain to your case is your visa/I-94 proof of legal inspection.
You have the right under "Freedom of Information" to request all documentation/information pertaining to your entry.
Depending on several factors: Time (How long ago did you enter the US) DO you still have your passport? Do you still have your I-94?

Time: CBP allows electronic requests up to 5 years back for I-94 requests through their website here is the link: https://www.cbp.gov/trip-cancellatio...4-instructions
If your entry was later than 5 years you must generate a "FOIA" request and you may do this electronically, here is the link: https://www.cbp.gov/trip-cancellatio...4-instructions
CBP purges all I-94's before 1982 so if this is your case you must then go to USCIS and request all documents of your case, be precise in details, dates, point of entry etc. here is the link:

https://www.cbp.gov/trip-cancellation-insurance/international-visitors/i-94-instructions

USCIS has several time tracks for investing your request, depending on how much detail you can provide.

Good luck.

[luis.barrios]

Hello Luis, seems the one issue germain to your case is your visa/I-94 proof of legal inspection.
You have the right under "Freedom of Information" to request all documentation/information pertaining to your entry.
Depending on several factors: Time (How long ago did you enter the US) DO you still have your passport? Do you still have your I-94?

Time: CBP allows electronic requests up to 5 years back for I-94 requests through their website here is the link: https://www.cbp.gov/trip-cancellatio...4-instructions
If your entry was later than 5 years you must generate a "FOIA" request and you may do this electronically, here is the link: https://www.cbp.gov/trip-cancellatio...4-instructions
CBP purges all I-94's before 1982 so if this is your case you must then go to USCIS and request all documents of your case, be precise in details, dates, point of entry etc. here is the link:

https://www.cbp.gov/trip-cancellation-insurance/international-visitors/i-94-instructions

USCIS has several time tracks for investing your request, depending on how much detail you can provide.

Good luck.

Adrian thank you so much for responding i was not aware of this information. I actually went to the a mexican embassy last year and got a new passport, since i lost my old one and my visitors visa. I entered over 5 years ago it was like 2004 or 2005, I do not have the I-94.
To generate the FOIA where would i go since the links seem to be the same in all 3 links you provided?

Thanks!

[Adrian Gruber]

Adrian thank you so much for responding i was not aware of this information. I actually went to the a mexican embassy last year and got a new passport, since i lost my old one and my visitors visa. I entered over 5 years ago it was like 2004 or 2005, I do not have the I-94.
To generate the FOIA where would i go since the links seem to be the same in all 3 links you provided?

Thanks!

Hello Luis, you are in error. The links are different. CBP is Customs Border Patrol, this is the agency thats responsible for US Borders and Customs enforcement, its seperate from United States Citizenship and Immigration. Both agencies are seperate as are the links. I advise that you read carfully each of the links before you make a FOIA request.
My experience is identical to yours, I lost my passport, my GC and other documents pertaining to my entry through Detroit from Ontario back in 1972

Good luck.