NSC RFE on I-485 -- Please help!

[6yrs&Counting]

Hi,

My Firm lawyers just emailed me that the RFE is asking for the copies of my & my wife's I-94 cards with the Entry Stamp of our last entry into the US in May 2006.

We'd gone to Canada for the H1-B / H-4 Extension, and while re-entering, I did not notice, they NEVER STAMPED the re-entry, Nor did they include the White I-94 Card.

I explained this to the lawyer, and she suggested that I write this down, get it Notarized, and we submit that with the RFE response.

I asked her if this would be fine, and she said "I hope so, I cannot predict, but let's hope for the best"

I found this to be the stupidest response ever from a lawyer. I'm sure this cannot be the only time something like this has happened, so, am reaching out to you gurus / lawyers for advice and help.

Thank you,

Vikas

 

[June1506]

Affidavit is the way to get around when you don't have documentary evidence. Will USCIS accepts that depends on your luck. People without birth certificates and insufficient documents resort to this technique. Most of the time USCIS accepts and sometime they make it hard. If you have some other evidence such as flight ticket or if you travelled in your car if you have some toll ticket or credit card statement etc can also be used as secondary evidence.

 

[alittlemore]

Also when you went to Canada did not you keep your latest I-94? As far as I know you do not need to give it up when you go to Canada.

 

[SetMax]

Hi,

My Firm lawyers just emailed me that the RFE is asking for the copies of my & my wife's I-94 cards with the Entry Stamp of our last entry into the US in May 2006.

We'd gone to Canada for the H1-B / H-4 Extension, and while re-entering, I did not notice, they NEVER STAMPED the re-entry, Nor did they include the White I-94 Card.

I explained this to the lawyer, and she suggested that I write this down, get it Notarized, and we submit that with the RFE response.

I asked her if this would be fine, and she said "I hope so, I cannot predict, but let's hope for the best"

I found this to be the stupidest response ever from a lawyer. I'm sure this cannot be the only time something like this has happened, so, am reaching out to you gurus / lawyers for advice and help.

Thank you,

Vikas

Best thing is to get in touch with USCIS office and explain them the situation. They will do needful to issue the I-94 to you, you will have to go to nearest USCIS office and get it.... make sure that you will have something to support your claim that you entered through canada and did not receive I-94. Did you receive entry stamp on passport?

 

[TELL_ME]

Vikas,

Couple things:-

a. When you went to Canada, did you travel by road? did the Canada immigration stamp your passport with your entry date?If yes, that is your proof that you entered Canada. You in fact got your visa exttended there, which means you entered Canada.

b. what is the last entry date that you have put in your I485 application?Is this the entry from Canada?

c.Generally, when one enters the US from Canada with a valid I-94 card (and valid visa - this is not a must), the CBP inspects you and lets you in without any entry stamp or new I-94. Even though one is inspected upon entry (legal entry) people are not always given entry stamp and/or I-94 card.

d. You can explain this in an affidavit and get it signed by notary. Pls. search on murthy.com, there is a document that explains this situation and provides an affidavit as the only answer.Remember the burden of proof is on the person seeking the immigration benefit.

Hope that helps.

 

[leo09]

Exact situation as you.

I am in the exact situation as you. I have received teh RFE and do not know what to do? My lawyer never told me to write a Affadavit.My earleir I94(white card)was removed from my passport by the US embassy folks. My question is cant we use the I-94 card on the 797 approval? Do we need the white card issued by the INS customs agent?..The agent at Niagara border did not bother to issue a 94 card or any kind of stamp on the passport.It sucks...

My other issue is they ahve asked for all I 94 card. I have been to india5 times last 6 years and have photocopy of 94 card for only three times. What should I do about the rest? I dint know we had to take photocopy of the I-94 card each time you get new one.