I-94 Missing! AOS application returned. Placed on removal proceeding . Jacko, Manalive

D

donseky

Registered Users (C)
Please, anyone with an idea will be highly appreciated.
I came as a student almost 9 years ago. Got out of status 2 yrs after I got in US. A year ago, I met my beloved wife and we decided that I should adjust my status.
I filled the application and mailed it to Chicago lockbox as directed. 2 months later was scheduled for FP and did it on time. 3 weeks later, I received a request from Immigration that they need my I-94!!!! Unfortunately, in 2006 all my belongings got burnt in my apartment fire. I do not have the I-94 and the immigration told me that they will place in removal proceeding if I don't get back to them in 30 days. Or I should file a motion to reopen of which I did to buy me time. I don't have an idea what I should do!!!!
 
The school you attended might have a copy of your I-94. Have you checked with them?

Anyway, you are not in removal proceedings yet. They're saying they will place you in removal proceedings if you don't produce the I-94.
 
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donseky said:
Please, anyone with an idea will be highly appreciated.
I came as a student almost 9 years ago. Got out of status 2 yrs after I got in US. A year ago, I met my beloved wife and we decided that I should adjust my status.
I filled the application and mailed it to Chicago lockbox as directed. 2 months later was scheduled for FP and did it on time. 3 weeks later, I received a request from Immigration that they need my I-94!!!! Unfortunately, in 2006 all my belongings got burnt in my apartment fire. I do not have the I-94 and the immigration told me that they will place in removal proceeding if I don't get back to them in 30 days. Or I should file a motion to reopen of which I did to buy me time. I don't have an idea what I should do!!!!
Click to expand...

What you have reported here is inconsistent with the law and procedures as well as common sense.

1.) Is your spouse a USC? Probably or the I-485 would have been rejected up front.

2.) Did you provide a copy of your passport bio page and the page with an entry stamp? They can look you up by that information in the computer to verify the entry if that is all they really want.

3.) Did they indicate that you were previously put in Removal Proceedings in the past? You have indicated that you went out of status 7 years ago. Did you report your current address all that time? I doubt you did. You may have been issued an NTA and ordered removed in absentia years ago.

4.) It may be in your interest to get in front of an IJ in order to be able to get adjustment BUT that will depend on if you have proven a bona fide marriage in order to get the I-130 approved.

5.) You may have to request that USCIS proceed with the I-130 and put the I-485 on hold.

6.) You may have to ask that any NTA that was issued in the past be canceled.

7.) You may have to ask that any in absentia order be re-opened pursuant to a joint motion.

You should look up the ICE Memo and the USCIS Memo on the newer procedures that they are still working out as to the treatment of people in proceedings who would stand a chance at relief but for the proceedings.
 
thank you for the advise

thank u sir /madam for at least reading my matter, ok u ask my wifes status,she is american citizen,

(2) u also asked if i did provide a copy of my passport bio page and the page with an entry stamp?, i could not do that cause all my docs were bunt in the apartment fire, i only gave them new passport with no visa, no entry stamp.

(3)they did not indicate that i were in the removal proceeding in the past, they said if i wont provide them with any proove showing how i enter usa, or filling a motion(appeal)they will place me on removal proceeding, i filled a motion, u also ask if i did report my currnt address,all the, time,??? i did change of adress at the time i moved from the bunt appt, and never moved till to this day so so i dont think
i have been issued an NTA and ordered removed in absentia years ago.cause am not hard to find .

(4)right now no request can be made or my USCIS proceed can not be done till i get that i -94..that is why i came to ask for help, if anybody knows how can i retieve my i-94, and i tried the school that i went they said the dont keep info, 5years and under
lastly, thank u a lot for ur advise keep on coming with ideas if u can, it realy helps
 
thank u jackolantern, yes i checked with my school, and they said they dont keep infos or files that are older that five years, which i dont think that is right,and yeah u right they said if i dont provide them with that i-94 am going to be on the removal proceedings, thats why i filled that motion to buy me time, thank u for the advise please dont stop, i realy appriciate
 
Donseky,
The fact that you did not have the appropriate documents (because you lost them in a house fire) complicated your case even before you filed.
Relax...People loose documents all the time...
1. Did you notify UCSIC that you did not have the I-94 and original passport because you lost them in a fire - before hand? Or did you notify them of the fire after they asked?
2. Given that you do not have the I-94 and original passport with Visa stamp, you could be suspected of entering the country without being inspected. Ofcouse you came in as an F-1 which means your records can be tracked. The problem is that USCIS will take forever to do the foot work or they won't do it at all.
3. You should have hired a lawyer. You still can. Bottom line: You have to track documents through your school to show that you came in as an F-1 and that you were inspected on arrival.
For more info, contact a competent immigration lawyer. Like I said, people loose documents all the time. There is a way around it. There must be documents somewhere that can serve as proof that you came in as an F1 and that you were inspected on arrival.
You need to move quickly. Get a lawyer, have him or her communicate to USCIS that you lost your docs and that he or she is in the process of locating documents that would serve as proof that you came in as an F1. (Hey, they can even suggest where you can get such documents - you never know). Good luck...
 
thank u manalive for ur advice, i already have a lawyer and we already contact UCSIC that i do not have the i -94 and original passport , that docs were burnt, i filled Form I-102, Application to Replace Arrival/Departure Record, which to do that is 600 dollars, sent all info, such as, arrival date, airport i came in, airplane, and all that, them foolz wrote me back after a month saying they need more info on me like Dob , full names and all that, i also did that, never found me, its like u said USCIS will take forever to do the foot work or they won't do it at all.

(2)my next move is to fire that lawyer i have, feelz like i have to do all the research by my self looking to solve this issue b for USCIS get back to me, all he do is collecting payments by the end of the month,
thank u a lot manalive, dont stop helping a brother
 
Another way to prove legal entry is to FOIA your I-94 records. (Do you know your exact entry date and POE?) I am somewhat in the same boat as you, but I decided to FOIA my records first before applying for AOS. I requested my records in early April and just called them on Friday to get the status of my request and was informed that they just started working on April requests and turn around time is 6-8 months. I don't know how much of window you have with USCIS. I know that you can expedite the request (that's when you would need a lawyer to do it for you).

I FOIA'd my I-94 and visa records also. My passport was stolen along with my brother's.
Also, there was a member of this forum that had their passport and I-94 stolen. FOIA'd their records and was approved using the records from FOIA.

This immigration system is complicated but there is no such thing as impossible, there are options out there that pertain to your situation. Make sure you research and ask questions before proceeding further. I was told that my case was impossible and my only option was to leave the country until I got on line, researched and asked questions even if I thought they were dumb. Call your school again and talk to the supervisor of the department. What do they do with the records shred them after 5years? They are kept somewhere....keep digging you'll find them.
Good luck!
 
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Did you provide your old passport number with the I-102? And specify which consulate issued the student visa? And the approximate date of issue?

Did you personally visit the school and explain the situation? Go to their international student office, talk to the highest-ranked person you can find, and explain that unless you need those records to avoid being deported. And that if you end up in court to fight deportation, the court will make them get involved, possibly triggering an immigration audit of their records which would get expensive and complicated for everybody. Have a lawyer accompany you if possible (but not the one you're currently frustrated with).
 
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Jackolantern said:
The school you attended might have a copy of your I-94. Have you checked with them?

Anyway, you are not in removal proceedings yet. They're saying they will place you in removal proceedings if you don't produce the I-94.
Click to expand...

I have checked with the school and they say they dont have it.
 
Jackolantern said:
Did you provide your old passport number with the I-102? And specify which consulate issued the student visa? And the approximate date of issue?

Did you personally visit the school and explain the situation? Go to their international student office, talk to the highest-ranked person you can find, and explain that unless you need those records to avoid being deported. And that if you end up in court to fight deportation, the court will make them get involved, possibly triggering an immigration audit of their records which would get expensive and complicated for everybody. Have a lawyer accompany you if possible (but not the one you're currently frustrated with).
Click to expand...
Yes, I did go to international office and they said they dont keep records for that long. It might be a good idea if i may tell them its needed by the court! The passport I gave them is the new passport. The old passport and the I-20 were all destroy when my apartment caught fire.
 
Kanani said:
Another way to prove legal entry is to FOIA your I-94 records. (Do you know your exact entry date and POE?) I am somewhat in the same boat as you, but I decided to FOIA my records first before applying for AOS. I requested my records in early April and just called them on Friday to get the status of my request and was informed that they just started working on April requests and turn around time is 6-8 months. I don't know how much of window you have with USCIS. I know that you can expedite the request (that's when you would need a lawyer to do it for you).

I FOIA'd my I-94 and visa records also. My passport was stolen along with my brother's.
Also, there was a member of this forum that had their passport and I-94 stolen. FOIA'd their records and was approved using the records from FOIA.

This immigration system is complicated but there is no such thing as impossible, there are options out there that pertain to your situation. Make sure you research and ask questions before proceeding further. I was told that my case was impossible and my only option was to leave the country until I got on line, researched and asked questions even if I thought they were dumb. Call your school again and talk to the supervisor of the department. What do they do with the records shred them after 5years? They are kept somewhere....keep digging you'll find them.
Good luck!
Click to expand...

Thank you so muc!! It seems this might work. Just expedite the FOIA.
 
BigJoe5 said:
What you have reported here is inconsistent with the law and procedures as well as common sense.

1.) Is your spouse a USC? Probably or the I-485 would have been rejected up front.

2.) Did you provide a copy of your passport bio page and the page with an entry stamp? They can look you up by that information in the computer to verify the entry if that is all they really want.

3.) Did they indicate that you were previously put in Removal Proceedings in the past? You have indicated that you went out of status 7 years ago. Did you report your current address all that time? I doubt you did. You may have been issued an NTA and ordered removed in absentia years ago.

4.) It may be in your interest to get in front of an IJ in order to be able to get adjustment BUT that will depend on if you have proven a bona fide marriage in order to get the I-130 approved.

5.) You may have to request that USCIS proceed with the I-130 and put the I-485 on hold.

6.) You may have to ask that any NTA that was issued in the past be canceled.

7.) You may have to ask that any in absentia order be re-opened pursuant to a joint motion.

You should look up the ICE Memo and the USCIS Memo on the newer procedures that they are still working out as to the treatment of people in proceedings who would stand a chance at relief but for the proceedings.
Click to expand...

My wife is a USC. I have never been in removal proceedings to my knowlegde and conserning the adress i have never reported. The copy of the passport i provided is a new passport. so it doesnt have a visa stamp.
 
BigJoe5 said:
5.) You may have to request that USCIS proceed with the I-130 and put the I-485 on hold.
Click to expand...

I think the idea of putting your application on hold is good one while you get your other POE doc's together.
Was your I-130 approved?
Did you have the AOS interview or they just returned the application?
 
kanan thank u a lot friend, i realy appriciate your lead, YEAH will file FOIA, LIKE U SAID , THEY ALWAYZ SAYING IT IS IMPOSIBLE, BUT I GUES WILL PROVE THERE AINT SUCH ATHING AS IMPOSIBLE,WHERE DO I SEND THOSE PAPER TO, AND WHAT DEPARTMENT, OR IF I CAN GET A SAMPLE, IT MIGHT SOUND DAMB,BUT IGUES ASKING QUESTION IS THE ONLY WAY TO SOLVE MY PROBLEAM, THANK U KANAN
 
JACKO, HOW R U BRO, I DID NOT provide MY old passport number , BECAUSE I DIDNT HAVE T , I GUES AM DUMB ENOUGH NOT TO PUT COPY SOME WHERE ELSE, U KNOW,AND ALSO I WENT TO SCHOOL, PERSONALY, SPOKE WITH A STUDENT ADVISOR, BUT TO BE HONESTY, SHE SOUNDED FUNNY TO ME, LIKE SHE DIDNT KNOW WHAT SHE WAS DOING,U TELLING ME A GUY WHO WENT TO A CERTAIN SCHOOL TEN YERS AGO, AINT KNOW WAY U CAN FIND THEIR INFO??????DUNB, THANK U FOR THE ADVICE I WILL GO HARD ON THEM ON MA SECOND VISIT WITH BUNCH OF THREATS, U KNOW, AND YOU 150% I WILL NOT TAKE THAT DUNB LAWYER WITH ME, THANK U A LOT, WILL FIND WHAT AM LOOKING FOR I KNOW,
 
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