INS not accepting FIOA papers as proof of entry!

A

alyon200

Registered Users (C)
Hi,
We went to his interview for permanant resd in July'10 and gave the officer our FIOA papers/zillion other papers as my husband had lost his old green card/passport showing he legally came in 2005. The officer didn't like that the FIOA was our only proof (which was a lot of info) proving his last entry.
Now in Sept'10, INS is requesting another interview to bring any proof of legal entry as they won't accept the FIOA.
Does anyone know the law for FIOA in the sense that INS has to accept it? We all have the right to our information but does INS have to accept it as proof? :o
 
He lost his green card? Green card = permanent resident. He didn't have a green card, you must mean he lost his passport and visa.

USCIS doesn't have to accept the FOIA paper if it doesn't have a copy of the visa or I-94.
 
He worked in Mexico on contract and came out to the states with a passport legally entering in 2005. When we were moving stuff out of one storage unit to another, he lost it. We went to the Consulant who said they didn't have records. Later when we got married in 2006, we hired a lawyer to do Adjustment of Status, but we needed all his info which included his parents visa's as they all applied at the same time, my husband also had all his Mexican ID's.
We sent all that info to the FIOA, in less than a month, they were able to find his dates of entries, places of entries, his full name, DOB,etc. The lawyer said that because the FIOA was able to find all this info that is what will prove legal entry for USICS.
On Monday, I will go see my lawyer again and suggest what you said if it will apply in my case. I do know that the USICS down here in deep South Texas is not real familiar with the FIOA and that the supervisor was suppose to go over it more. But that is scary if true what you said "USCIS doesn't have to accept the FOIA paper if it doesn't have a copy of the visa or I-94."
 
alyon200 said:
He worked in Mexico on contract and came out to the states with a passport legally entering in 2005. When we were moving stuff out of one storage unit to another, he lost it. We went to the Consulant who said they didn't have records. Later when we got married in 2006, we hired a lawyer to do Adjustment of Status, but we needed all his info which included his parents visa's as they all applied at the same time, my husband also had all his Mexican ID's.
We sent all that info to the FIOA, in less than a month, they were able to find his dates of entries, places of entries, his full name, DOB,etc. The lawyer said that because the FIOA was able to find all this info that is what will prove legal entry for USICS.
On Monday, I will go see my lawyer again and suggest what you said if it will apply in my case. I do know that the USICS down here in deep South Texas is not real familiar with the FIOA and that the supervisor was suppose to go over it more. But that is scary if true what you said "USCIS doesn't have to accept the FOIA paper if it doesn't have a copy of the visa or I-94."
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I know about a case who entered US legally and later filed I-485 and his I-485 was transferred to local office for interview. He had lost the I-94 that he got when he entered the US. Officer at the time of Interview asked him about the I-94 and he informed that he lost the I-94 about 4 years back and He gave affidavit to officer that he entered US on date…..... and Port of entry information and officer accepted the affidavit and approved I-485. He was advised by his lawyer to take affidavit at the time of Interview.
 
Ginnu,

I will ask the lawyer about doing the same, hopefully it's not too late as our 2nd interview is on Sept 29th. Thanks for the idea! We had to sign an affidavit to even get the FIOA papers as well.
 
We have our FOIA papers that is 2 pages of information plus his passport number and we have paychecks and Id's showing that my husband was in Mexico working in the beginning of 2005 and then in Dec'05 he crossed the border by car (they don't stamp your book for this) and then a couple of years ago, we lost his passport/green card when moving (but no one has used it).
 
alyon200 said:
, we lost his passport/green card when moving (but no one has used it).
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Writing "passport/green card" is misleading and confusing. A green card and passport are very different documents serving very different purposes. Did he have a green card? NO. If he had a green card, he would be a permanent resident of the United States and you would not be dealing with this I-485 hassle now. He didn't lose his "passport/green card", he lost his passport.
 
Sorry, he lost his passport which showed he entered legally.
Jackolantern said:
Writing "passport/green card" is misleading and confusing. A green card and passport are very different documents serving very different purposes. Did he have a green card? NO. If he had a green card, he would be a permanent resident of the United States and you would not be dealing with this I-485 hassle now. He didn't lose his "passport/green card", he lost his passport.
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No, we completly lost his passport which had all the stamps in it. The FIOA was able to find his passport number and a couple of flights.
ginnu said:
Do you have Copy of his passport with page that has Entry to US stamp on it? if answer is YES then take the Copy.
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alyon200 said:
No, we completly lost his passport which had all the stamps in it. The FIOA was able to find his passport number and a couple of flights.
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Maybe he can get an official letter from his country's consulate saying that he held passport # xxxxxx. Of course, I hope he already reported the loss of the passport to the consulate.
 
The Mexican Consulate said they don't have anything even though we showed his passport number and his Mexican and U.S. ID to no avail. My hubby told me records were not correctly maintained in those days which could explain the lack of records. I requested to talk to the supervisor who of course wasn't there or returned my phone call. On Monday I will go back with hope. Our interview is on Wed. I told the lawyer secret they might have to go with us so we don't get messed over when it comes to the law.
You've really helped me and I appreciate it!

Jackolantern said:
Maybe he can get an official letter from his country's consulate saying that he held passport # xxxxxx. Of course, I hope he already reported the loss of the passport to the consulate.
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When was his passport issued, and when was it lost? Did he promptly report the loss of it to the consulate?

If it was issued in Mexico, he might be able to get a letter or something from the government agency in Mexico that issued it (may require the help of a family member or lawyer who lives in Mexico).
 
Both of my husband's parents are lawyers in Mexico. The passport/border pass was obtained at the U.S. Embassy in Matmaros, MX. They are asking that my husband request in person and that their is no guarntee that they can find info which is nuts as it was obtain at the Embassy. They are not willing to understand that my husband can't go back into Mexico as he wont be able to come back out.
Jackolantern said:
When was his passport issued, and when was it lost? Did he promptly report the loss of it to the consulate?

If it was issued in Mexico, he might be able to get a letter or something from the government agency in Mexico that issued it (may require the help of a family member or lawyer who lives in Mexico).
Click to expand...
 
alyon200 said:
Both of my husband's parents are lawyers in Mexico. The passport/border pass was obtained at the U.S. Embassy in Matmaros, MX.
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Passport and border pass are two different things. His passport was issued by the Mexican government; he should be able to obtain some kind of document from the Mexican embassy in the US or from the government agency in Mexico that issued his passport, to verify that he held passport number xxxxxxxxx which was issued on xx/xx/xxxx.
 
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