I-102 replacing a I-94

T

tuesdayschild

Registered Users (C)
Hi,

My sister is adjusting her status but she needs her arrival-departure record (I-94) of which she lost years ago along with her passport. Since she has no evidence of her own to support her legal entrance can a supported document like my eldest neice's baby passport be used? My neice had come over with my sister with her own passport but being she was only a year old she was under my sister's visa. On the visa page of her baby passport is a stamp that I'm pretty sure is showing the arrival date and the time to which one can stay. Again, can this be used as a basis of evidence seeing as how the baby's dating must have been the same as her mother's? Is there other documentation she can give that would satisfy the requirements?

Thanx in advance, friends and God bless you!
 
- she needs to go to her home countries consulate and obtain a new passport

- she needs to file form I102 along with a statement as to the date and port of entry she entered the country (a copy of your nieces passport might be helpful to guide the USCIS guys in finding the electronic entry of her admission). She also needs to file an affidavit that she has lost the passport and that because she didn't suspect any criminal activity did not report it as stolen. If she files in the VSC jurisdiction, this I102 can be turned around in a few weeks. They mail an approval notice, the bottom 1/3 of which represents a new I94 form with the original arrival date and status.
 
Wow, thanx for the prompt reply!

My sister had replaced her passport already some time ago. She was told to get it replaced by giving a lost report to the police precinct. She got a receipt as evidence to this and was able to get her new passport. Should an explanation into the lost report and the reciept be added to the list of evidence in retrieving her I-94?

>>>>She also needs to file an affidavit that she has lost the passport and that because she didn't suspect any criminal activity did not report it as stolen.<<<<

Would this affidavit be a form of sorts or should this be written as a standard letter? Would she still need to file such an affidavit considering she did file a 'lost' report, although you said specifically 'stolen'.

And just to clarify, this "statement" you say that needs to be attached with the I-102 would be my neice's passport copy (just the page with the information and her picture for identification, right?), and any further supporting evidence, possibly the police reciept.

Thanx again!! You're very helpful!


***Oh, on a side note (and so as not to double post) a friend of mine asked me a few weeks back about a similar I-94 issue. Years ago while working under a work petition (sorry but I'm not too sure what form that is. I-30, I-40?) a vindictive employee she worked with reported her and she was taken to the precinct and her passport and visa were taken. First off, this took place in Florida back in the '90s so I don't know how they work or have worked their system. But, can they do that? Can the police take someone's passport and visa just like that? Isn't that visa supposed to be returned to the USCIS (or in that time INS) upon departure? And from what I understand she was filing at that time too. It would be great to get some light on this, hopefully I can at least channel some info on it to her.

Again, thanx in advance! God bless you all!
 
I-94 Lost

i lost mine too.
I just sent the form I-102 with the money...copy of the police report , copy of the passport ( my new one , 'cause I lost mine too)
tha't it...I got my I-94 in 21 days.
 
> My sister had replaced her passport already some time ago. She was
> told to get it replaced by giving a lost report to the police precinct.
> She got a receipt as evidence to this and was able to get her
> new passport.

Ok, so she should submit

- photocopy of the police report about the lost passport
- explanation when and where she entered the US (possibly a good idea to include a copy of the childs entry stamp)
- a cheque with the filing fee

> Would this affidavit be a form of sorts or should this be written
> as a standard letter?

Disregard the thing with the affidavit. She has a police report (this was just if she wanted to avoid the hassle of going to the police station and get this over with the fastest way possible)

Filing an I102 is very straightforward, don't worry.

The only problem is that some processing centers have months of processing time for the I102s, others turn them around in days.
 
Thanks so much, Hadron! Also a thank you to Tango1976. Its a comfort knowing that someone else has been through the procedure.

But, I will have to still bother you for information, so I hope you'll continue the generosity and kindness. :)

I printed out the form for my sister and we have some questions as to filling in some stuff. (I seriously thought it would be a form of wads and wads of paper but the actual form is 2 pages in length! Is this some sort of improvement on the government's part?)

~For A# and SS I'm sure we should put "NONE". Not unless the A# has to do with one of the number combinations on her approval letter?

~Date and Place of last Admission: She knows off the top of her head but more so her daughter's passbook should be hard evidence.

~Current Nonimmigrant Status: Now this is what gets me. Becuase of the wonderful speed at which her processing took she is currently out of status. What should she put here. 'Out of Status' or her status that she came in? Is there an option 3?

~On that same point is 'current status' different from 'class of admission'? Which one would be the place for the b-2 she came on? (its also noted in the child's book.)

~And last but not least Status expiration. I see something to that effect in the child's passbook so perhaps its safe to assume thats what the form calls for, right? Also the box requiring the A/D document # should be filled with what? A 'NONE' as well? (Seeing as how that document is what she needs replaced.)

~I swear, this is the last one for this post. My sister had a lawyer before but fell out of touch with him. Is there some way to NOT have any more things go in care to him? A form? Will it matter at all?

Again, Thank you so much! God bless you!
 
> For A# and SS I'm sure we should put "NONE". Not unless the A#
> has to do with one of the number combinations on her approval letter?

Has she already applied for a I130 or I140 yet ? If yes, there is a field 'alien number' somewhere near the top. That is the number they are looking for.

> She knows off the top of her head but more so her daughter's
> passbook should be hard evidence.

You don't need to proove it, you just need to give them a date and place to look in their database.

> 'Out of Status' or her status that she came in? Is there an option 3?

If she hasn't applied for adjustment yet, then it would be the status she came on.

> 'class of admission'? Which one would be the place for the b-2 she
> came on? (its also noted in the child's book.)

Both B2 (this is important for people who came on B2 but then changed to F1 for example)

> Also the box requiring the A/D document # should be filled with
> what?

That would be the number of her I94. If she doesn't have the number of the I94, put 'unknown/lost' there (which is what I would put for the 'status expiration' field as well.

> Is there some way to NOT have any more things go in care to him?
> A form? Will it matter at all?

If she has a new attorney, she should file a form G28 (notice of entry as attorney) to appoint then new attorney (half of the paperwork will still go to the old one, their computers are ancient and don't update address and attorney information regularly). If she has no new attorney, I don't know how you 'cancel' the existing G28.
 
I am deeply indebted to you. :) Thanks for the help.

My sister needs this because she is filing for adjustment of status based on the approval of her I-140 (the work petition.) Do you think it would be best to simply file this I-102 with her I-485 and other forms, that way there's no lagging paper trail? I see that on the 2nd page of the I-102 it asks if the form is being filed with other forms.

Also, should her husband file concurrently with her, file while her work is being processed, or wait till her work is done and approved to file for himself?

For the part on the I-485 asking for other family members should she put her step-son (her husbands child(us citizen). Long story.) who is living with her or should her husband only have his son down in the family listing for his form?
 
Your questions go beyond my expertise, try to find a trustworthy attorney to discuss them with. I can tell you how to fill out an I102, I can't give you detailed advice on your sisters immigration case. Still, because I am a talkative person, here are my 5cents:

> My sister needs this because she is filing for adjustment of status based
> on the approval of her I-140 (the work petition.)

How long is she out of status for ? There are pretty tight restrictions on who can file while out of status and who can't (is she a '245i' case ?).

> Do you think it would be best to simply file this I-102 with her I-485
> and other forms, that way there's no lagging paper trail?

I would consider doing that.

> Also, should her husband file concurrently with her, file while her
> work is being processed, or wait till her work is done and
> approved to file for himself?

If he is eligible to file for adjustment of status, sure. That way, the entire package stays together (supposedly, but apparently approvals are rarely simultaneous).

> For the part on the I-485 asking for other family members should
> she put her step-son (her husbands child(us citizen). Long story.)
> who is living with her or should her husband only have his son
> down in the family listing for his form?

The stepson is a citizen and doesn't need to file for anything. Did she adopt the kid ?
 
Hi again! LOL I appreciate your talkative nature. (But not to worry, I know where to get a good lawyer if it comes down to it.)

Yes, my sister is under the 245i (I just did a quick google on what it was.)

No, she hasn't adopted him. The boy is under the custody of his father, who by the mercies of God still lives with his wife (my sister) I know the child wouldn't have to file anything, I was just wondering if she would put him down on part B of the I-485 where it asks you to list your husband/wife and all sons and daughters.

Although she treats him like a blood child I doubt, due to the circumstances on whole, that adoption would ever be taken into consideration.

I'm really going to run the idea of filing everything at once to my sister. Paperwork on a whole boggles us so just getting everything shipped in one pretty package will probably do better good. :)

Thanx again!
 
> Yes, my sister is under the 245i (I just did a quick google on what it was.)

So, she was present in the US on 12/21/00 and her labor cert was filed before 4/30/01 ?
Filing under 245i is a bit more complicated. I would urge you to hire a good attorney. She will also have to pay a fine and file a supplement to the I485.

With 245i she has 'one bite at the apple' as USCIS puts it. If she f#(* up this adjustment application, she will never be able to become a permanent resident.

> No, she hasn't adopted him. The boy is under the custody of his
> father,

I don't believe he is considered son or daughter of hers at this point.

> I'm really going to run the idea of filing everything at once to
> my sister.

If she files everything at once, her husband will be able to adjust with her (is he 245i as well ?). If he doesn't file now, they will have to go through the 'follow to join' route which I know nothing about.
 
Good news.

A friend called me today. He had a very complicated 245i employment based case that I helped him with in the past. It got approved without an interview (his attorney received the 'welcome to the USA, your card is in the mail' letter yesterday.)

So, if your sisters 245i employment based I485 gets filed the right way, there is a good chance that it will go through without a problem.
 
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