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Request for Initial Evidence (I-485) and no I-94 (crossed border from Canada by land)

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  • Request for Initial Evidence (I-485) and no I-94 (crossed border from Canada by land)

    Hi,

    I filed for I-485 and just got a letter of "Request for Initial Evidence (I-485)".

    Code:
    In order to process your application further you will need to submit the following:
    
    1. Evidence of your lawful admission or parole into the US. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admiission to the US.
    
    2. If you last entered.. blah blah
    I'm a Canadian Citizen with Canadian passport.
    I came in to USA by land from Canada.
    The US border patrol reviewed my passport and let me enter with a few verbal Q&A.
    I was not given any I-94 nor did they stamp my passport.

    I called (800) 375-5283 and explained this and I was told me to call the US border at (877) 227-5511.
    I called US border and was told to call (800) 375-5283.

    I feel like I'm going in circles. Can anyone help me please? I have a 90-day deadline to get this issue resolved.

    Thanks much!!

  • #2
    Originally posted by gompol View Post
    Hi,

    I filed for I-485 and just got a letter of "Request for Initial Evidence (I-485)".

    Code:
    In order to process your application further you will need to submit the following:
    
    1. Evidence of your lawful admission or parole into the US. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admiission to the US.
    
    2. If you last entered.. blah blah
    I'm a Canadian Citizen with Canadian passport.
    I came in to USA by land from Canada.
    The US border patrol reviewed my passport and let me enter with a few verbal Q&A.
    I was not given any I-94 nor did they stamp my passport.

    I called (800) 375-5283 and explained this and I was told me to call the US border at (877) 227-5511.
    I called US border and was told to call (800) 375-5283.

    I feel like I'm going in circles. Can anyone help me please? I have a 90-day deadline to get this issue resolved.

    Thanks much!!

    If I were you, I would write them what you said above and enclosed the copy of your Canadian passport.

    When did you file your I-485 and what service center ?
    State: MI RIR/EB3 RoW
    Labor PD: 11/24/2003
    Labor AD: 02/24/2006
    I-140 RD: 04/05/2006
    I-140 AD: 07/20/2006
    I-485 RD: 06/28/2007
    I-485 AD: 04/15/2008

    Comment


    • #3
      Originally posted by sfmars View Post
      If I were you, I would write them what you said above and enclosed the copy of your Canadian passport.

      When did you file your I-485 and what service center ?

      I filed March 5, 2008 to Chicago.
      I'm in VA Beach, VA and I was instructed to file in Chicago.

      I forgot to mention that when I originally filed, I did send in a copy of my Canadian passport (but it has no stamp and no I-94 about my entry).

      Anything else I can do?

      Comment


      • #4
        Originally posted by gompol View Post
        I filed March 5, 2008 to Chicago.
        I'm in VA Beach, VA and I was instructed to file in Chicago.

        I forgot to mention that when I originally filed, I did send in a copy of my Canadian passport (but it has no stamp and no I-94 about my entry).

        Anything else I can do?
        I can guess that when you filled the I-485 you did not say there that you came to US from Canada last time.

        You probably have white I-94 which shows different date which you used in the I-485. That's why USCIS is confused that your I-94 has different date of you last US entry than you claimed in I-485 application.

        Theoretically they may get this info themselve because when you came to US showing your Canadian passport, it was scanned and there is record somewhere. But it is easy for them to send RFE.
        State: MI RIR/EB3 RoW
        Labor PD: 11/24/2003
        Labor AD: 02/24/2006
        I-140 RD: 04/05/2006
        I-140 AD: 07/20/2006
        I-485 RD: 06/28/2007
        I-485 AD: 04/15/2008

        Comment


        • #5
          Originally posted by sfmars View Post
          I can guess that when you filled the I-485 you did not say there that you came to US from Canada last time.

          You probably have white I-94 which shows different date which you used in the I-485. That's why USCIS is confused that your I-94 has different date of you last US entry than you claimed in I-485 application.

          Theoretically they may get this info themselve because when you came to US showing your Canadian passport, it was scanned and there is record somewhere. But it is easy for them to send RFE.
          Hi,

          I know for sure I was not given I-94 nor was my passport marked/stamped. I dont remember if my passport was scanned or not. I dont believe it was. I did put in the I-485 application the following:

          Date of Last Arrival: 12/28/2007 (from Canada)
          I-94: N/A

          As far as I know, US border is not required to give I-94 for Canadian citizens crossing to USA because they are Canadian citizens. Should I call US border to see if they scanned the passport during entry?

          Comment


          • #6
            Originally posted by sfmars View Post
            You probably have white I-94 which shows different date which you used in the I-485. That's why USCIS is confused that your I-94 has different date of you last US entry than you claimed in I-485 application.
            Canadian citizen - there is no I-94 and no visa. I'd swear out an affadavit saying that you entered the United States with Canadian passport number XXX on a specific date at a specific border crossing, and send it in.
            ------------------------------------
            IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

            PD: 9/12/2000 (EB3/VA/RIR/Canada)
            I-140 RD: 12/22/2000
            I-140 AD: 7/16/2001
            RD: 8/28/2001
            ND: 10/26/2001
            FP1: 1/31/2002
            RFE: 8/2/2002
            RFE RD: 8/28/2002
            TD: 10/22/2002
            FP2: 6/19/2004
            ID: 07/15/2004
            AD: 07/15/2004
            CO: 08/18/2004
            CR: 08/23/2004
            N-400 RD: 05/21/2009
            FP: 06/13/2009
            CFR: 08/05/2009
            IL: 08/21/09
            ID: 10/7/09
            USC: 10/8/09

            Comment


            • #7
              Is your I-485 application employment based?

              If so, are you currently here on an H-1?

              If so, then you MUST have had atleast one instance where you would have had to get your Passport stamped (at the border) and subsequently been given a I-94 card.

              If you are on an H-4, the same applies as above.

              Comment


              • #8
                Originally posted by kid4life View Post
                Is your I-485 application employment based?

                If so, are you currently here on an H-1?

                If so, then you MUST have had atleast one instance where you would have had to get your Passport stamped (at the border) and subsequently been given a I-94 card.

                If you are on an H-4, the same applies as above.
                No, my daughter is petitioning me using I-130 "Petition for Alien Relative".

                Comment


                • #9
                  245(i) INA

                  Hi,

                  Can someone explain IN PLAIN ENGLISH what is the 245(i) of Immigration and Nationality Act and I-485 Instructions Page 2 "10. Who is Not Eligible to Adjust Status"?

                  I was reviewing the "Request for Initial Evidence (I-485)" and the second option (if no I-94) is to "submit evidence of eligibility under section of 245(i) of INA and a completed and signed Supplement A to Form I-485"

                  I dont understand this lawyer talk but it doesnt sound like it pertains to me, but I wanted to make sure.

                  Thanks again!

                  Comment


                  • #10
                    Originally posted by gompol View Post
                    Hi,

                    Can someone explain IN PLAIN ENGLISH what is the 245(i) of Immigration and Nationality Act and I-485 Instructions Page 2 "10. Who is Not Eligible to Adjust Status"?

                    I was reviewing the "Request for Initial Evidence (I-485)" and the second option (if no I-94) is to "submit evidence of eligibility under section of 245(i) of INA and a completed and signed Supplement A to Form I-485"

                    I dont understand this lawyer talk but it doesnt sound like it pertains to me, but I wanted to make sure.

                    Thanks again!
                    They are just giving you the options if you do not have a valid I-94

                    245(I) is for the people who become illigal for some reason. You can avail the 245(I) if your labor was filed before April 30th of 2001.

                    Comment


                    • #11
                      This not only pertains to Canadian citizens but all those who could avail of automatic revalidation and those who go less than 30 days visit to Canada.

                      I have crossed atleast 10 times into the US by road from Canada (after a short visit) and they have never stamped my passport, issued a new I-94 or made any entries at their end as well. This is because I had a valid visa and/or a valid I-94.

                      My I-485 has POE put in as a land POE (port of entry) and the white I-94 has a different POE.

                      Realizing that one may get an RFE for this, I made sure I asked the CBP officer at the land POE on my latest visit, to put an entry stamp on my passport. (using previous I-94). Should I get this kind of an RFE I now have proof that I entered legally and after inspection into the US.
                      EB2, India
                      PD: 03/2004
                      I:485: RD/ND: 06.12.2007/06.15.2007
                      File assigned to IO: June 20, 2008
                      I-485 Approved (spouse and I): July 09, 2008
                      Sent AC21 docs in May 2008
                      No RFE
                      N e b r a s k a. S e r v i c e. C e n t e r

                      Comment


                      • #12
                        Originally posted by InTheMoment View Post
                        This not only pertains to Canadian citizens but all those who could avail of automatic revalidation and those who go less than 30 days visit to Canada.

                        I have crossed atleast 10 times into the US by road from Canada (after a short visit) and they have never stamped my passport, issued a new I-94 or made any entries at their end as well. This is because I had a valid visa and/or a valid I-94.

                        My I-485 has POE put in as a land POE (port of entry) and the white I-94 has a different POE.

                        Realizing that one may get an RFE for this, I made sure I asked the CBP officer at the land POE on my latest visit, to put an entry stamp on my passport. (using previous I-94). Should I get this kind of an RFE I now have proof that I entered legally and after inspection into the US.
                        Are you Canadian Citizen?

                        Canadian Citizen can come to USA from Canada by land and not have to get I-94 nor a stamp/visa on their passport because "they are Canadian citizens". So USCIS is not handling my case properly because they expect me to present I-94 to them which I don't have but yet I legally entered USA. I gave them a copy of my Canadian passport which should be sufficient as proof.

                        http://www.amcits.com/form_i-94.asp

                        USA Arrival-Departure Record (Form I-94)

                        Not Applicable to Canadian Citizens

                        Canadians who travel to the United States as tourists or on business generally do not need a Form I-94.

                        Comment


                        • #13
                          Originally posted by gompol View Post
                          Are you Canadian Citizen?

                          Canadian Citizen can come to USA from Canada by land and not have to get I-94 nor a stamp/visa on their passport because "they are Canadian citizens". So USCIS is not handling my case properly because they expect me to present I-94 to them which I don't have but yet I legally entered USA. I gave them a copy of my Canadian passport which should be sufficient as proof.

                          http://www.amcits.com/form_i-94.asp
                          Are you sure that you do not need I-94 if you dwell in US more than 30 days ?

                          That's right you do not need I-94 if you visit US as a tourist, but you applied for green card which is different. You are not tourist if you applied for greencard.

                          Did you apply as AOS or CP. I believe they have rule if you applied in AOS you must have I-94.
                          State: MI RIR/EB3 RoW
                          Labor PD: 11/24/2003
                          Labor AD: 02/24/2006
                          I-140 RD: 04/05/2006
                          I-140 AD: 07/20/2006
                          I-485 RD: 06/28/2007
                          I-485 AD: 04/15/2008

                          Comment


                          • #14
                            Originally posted by sfmars View Post
                            Are you sure that you do not need I-94 if you dwell in US more than 30 days ?

                            That's right you do not need I-94 if you visit US as a tourist, but you applied for green card which is different. You are not tourist if you applied for greencard.

                            Did you apply as AOS or CP. I believe they have rule if you applied in AOS you must have I-94.
                            AOS via my daughter who is US Citizen.
                            I came in a tourist. As far as I know, were allowed to stay here for 6months max.

                            After several months, I decided to apply for AOS.
                            When I crossed the border I had no intentions of doing AOS so I didnt ask for I-94.

                            Comment

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