Is it possible to file for an Adjustment of Status without an I-94?

[THusain100]

Is it possible to file for an adjustment of status through marriage to an USC even if you don't have an I-94? The person is out of status and came here as a minor years ago and the mother has lost her passport with the expired visa and the expired I-94.

Thanks for any help.

 

[BigJoe5]

Is it possible to file for an adjustment of status through marriage to an USC even if you don't have an I-94? The person is out of status and came here as a minor years ago and the mother has lost her passport with the expired visa and the expired I-94.

Thanks for any help.

Before filing with USCIS, it would be in your best interest to file freedom of information act/privacy act (FOIA/PA) request with CBP to obtain a record of initial entry. It would then be possible to file an I-102 with USCIS to get a replacement I-94 OR simply provide the CBP response in place of the requested I-94 with the adjustment application to USCIS.

http://www.cbp.gov/xp/cgov/admin/fl...l#IIAccesstoCertainRecordsWithoutaFOIARequest

 

[THusain100]

Before filing with USCIS, it would be in your best interest to file freedom of information act/privacy act (FOIA/PA) request with CBP to obtain a record of initial entry. It would then be possible to file an I-102 with USCIS to get a replacement I-94 OR simply provide the CBP response in place of the requested I-94 with the adjustment application to USCIS.

http://www.cbp.gov/xp/cgov/admin/fl...l#IIAccesstoCertainRecordsWithoutaFOIARequest

Thanks for that info BigJoe5. Is there a chance the case will get denied if an I-94 isn't provided or a CBP response as a substitute? I am just curious because I don't know what the turn around time is for CBP and what if I don't receive it any time soon.

 

[TheRealCanadian]

Thanks for that info BigJoe5. Is there a chance the case will get denied if an I-94 isn't provided or a CBP response as a substitute?

There's a good chance, since what other proof is there of legal entry into the US?

 

[THusain100]

There's a good chance, since what other proof is there of legal entry into the US?

What about people that ilegally cross the border? Are they not able to adjust their status even if they marry an U.S. citizen?

 

[TheRealCanadian]

Not unless they qualify for 245i relief, which is an increasingly obscure benefit.

 

[sammy2000]

during my interview which was done on monday 5/16/2011 the officer asked for my i-94. I told him USCIS took it at my previous interview and he looked at my passport and saw the F1 visa and said he noticed the visa and the port of entry to be San Fransisco otherwise i wouldnt be able to adjust. If you lost it but you have the number or atleast you have a visa you will not be able to adjust.