I-485 RFE for I-94 Dec 2000

A

Aduks

Registered Users (C)
Hey guys,
I got the following quoted below RFE from NSC.
"To establish your nonimmigrant status, you must submit a copy of your Form I-94, Nonimmigrant Arrival/Departure Record, issued to you upon your arrival to the United States Dec 2000. If your Form I-94 is not available, you must explain what became of the form and submit a copy of the personal information pages from your passport and those pages endorsed by immigration officials establishing your admission or parole into the United States"


This is about a driving trip I took from US to Canada to put an H1 visa stamp in my passport. When I drove back to the border, the immigration official just look at my visa and told me, you can go. I was not giving any I-94 to fill nor was my passport got stamped. Am I in trouble, what can I do.

Worried..
 
Aduks said:
Hey guys,
I got the following quoted below RFE from NSC.
"To establish your nonimmigrant status, you must submit a copy of your Form I-94, Nonimmigrant Arrival/Departure Record, issued to you upon your arrival to the United States Dec 2000. If your Form I-94 is not available, you must explain what became of the form and submit a copy of the personal information pages from your passport and those pages endorsed by immigration officials establishing your admission or parole into the United States"

------------ did you submit the copy of valid I-94( front and back) with I-485 filing??? did your lawyer office forget to attach the copy of I-94??

This is about a driving trip I took from US to Canada to put an H1 visa stamp in my passport. When I drove back to the border, the immigration official just look at my visa and told me, you can go. I was not giving any I-94 to fill nor was my passport got stamped. Am I in trouble, what can I do.
------ you can write the above to USCIS with date when you went out of US and how you entred, AND also submit Copy of all the passport pages with Entry stamp to US and Valid US visa stamp including front page that has your name, DOB and Photographs, if you have Copy of I-94 when you entred US in 2000 submit it or for more info talk to your lawyer who filed I-485 becase USCIS needs to make sure you entred US in 2000 through POE and admitted on H1 status and you were on Valid H1 status when your I-485 was filed
Worried..
---no need to worry if you have copy of I-94 , submit what is asked and on cover letter write the info what is requested by USCIS , I suspect they could not find your passport pages attached with I-485 and copy of Valid I-94
Click to expand...
 
Thanks ginnu for your kind reply. I appreciate it.

The only I-94 that I have when I entered by land is the one they teared off, of my form I-797A(Notice of Action). No stamping on this as well. And there is no entrance stamping whatsoever in my passport. The immigration official at the POE just look at my valid visa and said "OK, you can go mam". I thought they don't stamp people entry when you enter by land, bcos I've never enter US by land b4, i just thought that is the process by land.
The only thing I have as a prove now is my H1 visa. I have no stamped I-94 when I entered, neither was my passport stamped.

I guess I should just pray for the best.
 
As ginnu said- mail all that you have and write a letter to explain the situation, this will hopefully allow them to see that this was not your error. FYI, I had a similar situation many years ago when I was crossing a land border between mexico and th eUS with a J visa. I wanted to reneter and get a 90 day tourist visa as my J visa only had three more days- they initially said "on you go" with no stamp in passport- I had to argue and get a manger and wait for a couple of hours before they would restamp. I don;t know if this is perculiar to land crossing or not

good luck
 
Jacquelina,
Thanks for your reply. Our case looks somewhat similar, only I didn't argue it out to get stamped in my passport (my ignorance!!). Thanks for throwing more lights. I greatly appreciated all you guys that contributed so far. You guys are life saver....
 
Aduks said:
Our case looks somewhat similar, only I didn't argue it out to get stamped in my passport (my ignorance!!).
Click to expand...

There's no need for an entrance stamp. The I-797 should have had an I-94 in the bottom right corner. What was the number on that?
 
RealCanadian,
You mean it was alright that I didn't have my passport stamped because I entered by land driving?
Yes the I-797 do has an I-94 in the bottom right corner, I do not remember that number on top of my head, so, what is the meaning of that number?

For your information, I submitted a copy of the said I-797 with the I-94 on the bottom of it initially with my application in 2003. But I still received the RFE to produce the entrance stamp from my passport or a stamped I-94. Also I did not specified that my last POE was land entry border. I just indicated Watertown NY in the application as my last POE.

Please shed more light. Thank you for responding.
 
Real Canadian, Can you please clarify and shed more light to the last information you gave to me about this issue.

Anyone out there with additional information can please shed light onto this issue for me.
Thanks...
 
I am not sure if this would help.

According to 22 CFR (&41.112 ) , you can re-enter to the US from the contiguous territory with expired VISA within 30 days if
a) you were in posssesion of unxpired I-94
b) you did not re-apply for new visa.

You can read full text:

http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=22&PART=41&SECTION=112&YEAR=1999&TYPE=TEXT

Obvoiusly, if you used this provision to re-enter from Canada to US, the admission offier would not give you new I-94 ( you should have kept your old card) and still should have stamped your passport.
 
Aduks said:
You mean it was alright that I didn't have my passport stamped because I entered by land driving?
Click to expand...

There's no requirement that the passport be stamped with an entry stamp, especially if you're given an I-94. The problem we have is that there's no record that you entered legally on the date you say you did, which isn't surprising on the Canadian land border.

Tell me you're a Canadian citizen, that'll make life 100x easier.
 
TheRealCanadian said:
There's no requirement that the passport be stamped with an entry stamp, especially if you're given an I-94. The problem we have is that there's no record that you entered legally on the date you say you did, which isn't surprising on the Canadian land border.

Tell me you're a Canadian citizen, that'll make life 100x easier.
Click to expand...
I am NOT a Canadian Citizen


I was not given any I-94 when I entered the border. They just looked into my passport to see my valid Visa, and they said to me "you can go mam" just like that. Out of my ignorance, I drove off....(thinking that is the process when one enter by land.) The only I-94 I have was the one that came together with Form I-797(H1 visa Notice of Action).


Quote:The problem we have is that there's no record that you entered legally on the date you say you did, which isn't surprising on the Canadian land border."

RealCanadian had described my dilemma perfectly. It isn't surprising at the Canadian border, but I am now in problem to prove my entrance at that Date and Year(Dec 2000).

Guys please help me, how am I going to prove myself to USCIS that I entered the country legally at that date?

The only proofs I have are the following:
1. Appointment letter from the US CONSULATE in Canada that states the date I have appointement to get the visa, and that is the same date I drove back and entered US.
2. Canadian dated Entry Stamp in my passport when I entered Canada to go for the consulate appointment and,
3. My initial Form I-797notice of action that came with I-94(not stamped at the border either)


Please help me out guys. Do you think I am in bad shape? I have been loosing my sleep on this issue. I have two weeks left to reply to the RFE. Any contribution will be gladly appreciated.

Anxiously waiting.
 
Aduks said:
I am NOT a Canadian Citizen


I was not given any I-94 when I entered the border. They just looked into my passport to see my valid Visa, and they said to me "you can go mam" just like that. Out of my ignorance, I drove off....(thinking that is the process when one enter by land.) The only I-94 I have was the one that came together with Form I-797(H1 visa Notice of Action).


Quote:The problem we have is that there's no record that you entered legally on the date you say you did, which isn't surprising on the Canadian land border."

RealCanadian had described my dilemma perfectly. It isn't surprising at the Canadian border, but I am now in problem to prove my entrance at that Date and Year(Dec 2000).

Guys please help me, how am I going to prove myself to USCIS that I entered the country legally at that date?

The only proofs I have are the following:
1. Appointment letter from the US CONSULATE in Canada that states the date I have appointement to get the visa, and that is the same date I drove back and entered US.
2. Canadian dated Entry Stamp in my passport when I entered Canada to go for the consulate appointment and,
3. My initial Form I-797notice of action that came with I-94(not stamped at the border either)


Please help me out guys. Do you think I am in bad shape? I have been loosing my sleep on this issue. I have two weeks left to reply to the RFE. Any contribution will be gladly appreciated.

Anxiously waiting.
Click to expand...
When my wife did her stamping in Ottawa POE officer sent us without new I-94. I did not notice at that time but when I see now he did stamped it.
Stamp is very small with two other stamps. I looked for Port of entry name.

If you do not have I would suggest you to write detail letter with your stamping appointment copy and other relevant documents.

It is very common in Niagara Falls area. I have visited Canadian side of the falls at least 10 times. They have never stamped it while coming back.
 
Last edited by a moderator:
Hi Aduks,

How did you get your RFE ? Was it mailed you directly or was it mailed to your attorney.

I just got an email from USCIS stating that they sent an RFE. I've recently moved and I don't where will this RFE go. And I did inform USCIS about the address change.
 
ykchakri said:
Hi Aduks,

How did you get your RFE ? Was it mailed you directly or was it mailed to your attorney.

I just got an email from USCIS stating that they sent an RFE. I've recently moved and I don't where will this RFE go.
--- it will go to your lawyer who filed I-485
And I did inform USCIS about the address change.
---- I think you filed AR11 and updated NCSC on 1800, many have/had the same problem USCISkeeps on sending the documents to old address and NCSC is BS, you should have written letter to USCIS with I-485 filing reciept that please change the address on pending I-485 EAC or LIN #........and one need to send the letter with certifed return reciept and out side the envelope write in big bold letter ADDRESS CHANGE request on Pending I-485
** contact your lawyer if changed the lawyer after filing I-485 and signed new G28 then contact the new lawyer
Click to expand...
 
Thank you Ginnu,

I just want to make sure that I won't miss this RFE. Because the letter goes to the attorney, I think I'm OK for now. Now, I have to cross my fingers and wait for that letter from Attorney.
 
ykchakri said:
Hi Aduks,

How did you get your RFE ? Was it mailed you directly or was it mailed to your attorney.

I just got an email from USCIS stating that they sent an RFE. I've recently moved and I don't where will this RFE go. And I did inform USCIS about the address change.
Click to expand...

ykchakri,
My RFE went to my Company Attorney, and the attorney later sent a copy to me through email attachment. I believe if the attorney filed for you, the RFE will go to the attorney. Read Ginnu response, he is correct also.
 
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