No record of legal entry?

G

german2018

New Member
I originally entered the US in 1998 on a now expired F1 student visa which I've overstayed. I'm now hoping to get an AOS through marriage. To add complication the passport I used was lost during a change in residence some time back. My question is how do I prove I entered legally without any paperwork? Does ICE keep all the records electronically that far back? I should add I have a replacement passport with (presumably) the same number and have been paying taxes all those years with a legit SS # - I'm self-employed. My understanding is proof of legal entry is required for AOS.
 
Get a FOIA.. and you will see what the govt has on you. A lawyer can get it for you < 2 months but if you do it solo it may take a year - but still look into it. If the govt does not have entry recorded, you may/will be charged with illegal entry. My friend was charged as such and was given an NTA for deportation proceedings. She was waived thru the US-CAN border crossing with no passport stamp- this was in 1998. Luckily, she has 245i relief that gives her the peace of mind. I would suggest you look at the FOIA and make a well informed call. ssn number and paying taxes will carry no weight if they charge you with illegal entry.
 
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german2018 said:
I should add I have a replacement passport with (presumably) the same number and have been paying taxes all those years with a legit SS # - I'm self-employed. My understanding is proof of legal entry is required for AOS.
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Don't presume the new passport has the same number as the old one, unless that is how your country consistently operates. Many (and maybe most) countries issue new passports with a different number than the previous passport.
 
Khan or anyone,
We have the FOIA proving legal entry but at our Perm Resd interview, the officer wasn't satisfied with this. And now they are requesting a second interview asking us to provide "proof of entry" again. We only have this as proof as my husband lost his passport. Do you know if INS has to accept the FOIA's findings? or if legally they only have to consider it as proof?
 
What did you show that the interviewer wasn't satisfied with? A copy of the I-94? Copy of the visa? Both? Something else? Was his entry by land or air?
 
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Jackolantern,
We showed him our paper from the FOIA showing his last legal entry in to the U.S. and the officer wasn't satisified that this was our only proof that he had a passport.
 
alyon200 said:
Jackolantern,
We showed him our paper from the FOIA showing his last legal entry in to the U.S. ...
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I meant specifically what type of document from the FOIA was shown? I-94? Copy of his visa? Or just an ordinary sheet of paper saying his entry was on xx/xx/xxxx?
 
Sorry, cooking breakfast. The paper showed dates of entry, places of entry, visa number, his full name and DOB.
 
One of my relatives and a good friend were asked the same question. Show proof of legal entry. They entered the US via Canada... and yet there were no records.. cause they were just asked citizenship and then were waived thru w/o proper inspection of passport. That was before 9/11. For the Canadian citizen relative they let go in the PR interview ... but for the Pak citizen friend the case is still in proceedings... luckily they have 245i and COR reliefs. What you need is a good lawyer who knows how to present evidence and those who understand the rulings of particular Judges... not to mention lawyers who strike deals w prosecutors before trial. I have seen it all and truly believe a good lawyer will set you free provided you have a legitimate case.
 
alyon200 said:
Sorry, cooking breakfast. The paper showed dates of entry, places of entry, visa number, his full name and DOB.
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Looks like they are being strict about it because he doesn't have the passport nor a copy of the visa that was used to enter.

File I-102 to get a replacement I-94, sending a copy of that paper with his visa and entry information with it.
 
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