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  • foia request for lost visa

    hi , I am trying to do a aos for my mother who is a visa overstay since 1996. Problem is we lost her visa and passport wasn't stamped . I have requested foia records with cbp and received this"We conducted a comprehensive search of files within the CBP databases for records that would be responsive to your request. Unfortunately, we were unable to locate or identify any responsive records, based upon the information you provided in your request." I also submitted a foia request with uscis back in september 2016 and was placed on track two. I barely received a letter from the US department of state regarding her B1/B2 non immigrant visa records stating that they could not process my request because i did not reasonably described the records i am seeking in a way that someone familiar with the department records and programs could locate them, they want details. can someone guide me in responding to this? has anyone have had any success in the past? TIA

  • #2
    You need her record of inspection, form I-94, not a copy of her visa, to document her claim to eligibility for Adjustment of Status

    What kind of records have you been requesting in your FOIA requests? "any and all records?" Which agencies have you been requesting them from?

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    • #3
      Foia

      Originally posted by kroma View Post
      hi , I am trying to do a aos for my mother who is a visa overstay since 1996. Problem is we lost her visa and passport wasn't stamped . I have requested foia records with cbp and received this"We conducted a comprehensive search of files within the CBP databases for records that would be responsive to your request. Unfortunately, we were unable to locate or identify any responsive records, based upon the information you provided in your request." I also submitted a foia request with uscis back in september 2016 and was placed on track two. I barely received a letter from the US department of state regarding her B1/B2 non immigrant visa records stating that they could not process my request because i did not reasonably described the records i am seeking in a way that someone familiar with the department records and programs could locate them, they want details. can someone guide me in responding to this? has anyone have had any success in the past? TIA
      Hello Kroma, I understand your issue as I was the same coming from Canada I lost my passport etc. back in '79
      CBP allows for you to request your records but they only keep I-94's electronically and paper as far back as 5 years. So I had to go to USCIS.
      USCIS will conduct a search for you but you have to be very detailed in your request, IE: What date did you mother enter? What was her POE? What country did she come from, whats her passport# etc.
      If USCIS locates this info they respond back electronically via CD.
      Hope this helps.

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      • #4
        Originally posted by inadmissible View Post
        You need her record of inspection, form I-94, not a copy of her visa, to document her claim to eligibility for Adjustment of Status

        What kind of records have you been requesting in your FOIA requests? "any and all records?" Which agencies have you been requesting them from?
        I tried dhs and cbp online and they came bak with no results. so i did the paper one to uscis requesting her b1/b2 non immigrant visa records. the department of state replied asking for more details. my train of taught was that idf i can prove she had a visa i can get more info to be able to request her I 102.

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