RFE on legal status

K

Kartoshkin

Registered Users (C)
Today I got an RFE asking to submit evidence of my legal entry and maintenance of status from August, 1993, when I actually came to this country. I know for sure that I don't have my very first I-94 and the passport that I had back then as they expired long ago and I had to submit them. So I can't even prove that I entered here legally. Hopefully I can dig out my I-20 that must be 13 years old now; and I might not even have that. I'm shocked. I never thought they would be asking me to prove my legal status maintenance if USCIS actually issues all the proof themselves. Did anyone go through this? Help!
 
I am about to file for I-485 and I don't have a definite answer what is actually required. However, my lawyer asked to me provide "All I-94 since I entered the country or if I do not have all the I-94s, I need to provide copies of all the visas".

Of course I do not have copy of my first I-94 (and many I-94s) which is 10years back and I assume copies of visas from passport are sufficient. I think I-20 might be required and you can probably get it from university or lawyer you have initially filed H1B. I was worried about not having a copy of practical training card (which was missing link between my I20 expiration and start of my first hH1B) - Luckily my lawyer still had a copy in file and if this is the case with you, you try with your attorney who filed first H1B or your first company.


Kartoshkin said:
Today I got an RFE asking to submit evidence of my legal entry and maintenance of status from August, 1993, when I actually came to this country. I know for sure that I don't have my very first I-94 and the passport that I had back then as they expired long ago and I had to submit them. So I can't even prove that I entered here legally. Hopefully I can dig out my I-20 that must be 13 years old now; and I might not even have that. I'm shocked. I never thought they would be asking me to prove my legal status maintenance if USCIS actually issues all the proof themselves. Did anyone go through this? Help!
Click to expand...
 
Kartoshkin said:
Today I got an RFE asking to submit evidence of my legal entry and maintenance of status from August, 1993, when I actually came to this country.
I know for sure that I don't have my very first I-94 and the passport that I had back then as they expired long ago and I had to submit them.
----------------where is that expired passport? that passport will have visa stamp and US entry stamp. you dont submit the passport when renew the passport your expired passport should be with you.

So I can't even prove that I entered here legally. Hopefully I can dig out my I-20 that must be 13 years old now; and I might not even have that. I'm shocked. I never thought they would be asking me to prove my legal status maintenance if USCIS actually issues all the proof themselves. Did anyone go through this?
-many have gone through this
Help!
Click to expand...

GCInThisLife has replied to your post.
 
ginnu said:
----------------where is that expired passport? that passport will have visa stamp and US entry stamp. you dont submit the passport when renew the passport your expired passport should be with you.
Click to expand...

In Russia when renewing passport if you don't ask to give back your old passport they will never return it to you.

But I think Kartoshkin meant (I am reading his thoughts through monitor screen) that he destroyed his first passport.
 
Actually I did not destroy my first passport. I had to submit it when it expired and Russia issued me the new one. Maybe this was the rule back then to relinquish the expired passport. Anyway, I cannot account for my legal entry in August 1993 and the subsequent 2 months, until I got my I-20, which was a change of legal status technically, so I must had been in legal status during those 2 months. I am also thinking, since we filed I140 on April 30, 2004 doesn't 245(i) somehow cover me in case I can't prove my legal entry? Am I really screwed now?
 
Kartoshkin said:
Actually I did not destroy my first passport. I had to submit it when it expired and Russia issued me the new one. Maybe this was the rule back then to relinquish the expired passport.
Click to expand...

When I filed for a new passport I asked and they returned my old one with a stamp "АННУЛИРОВАНО".
But I knew about this option, so I did it.

Kartoshkin said:
Anyway, I cannot account for my legal entry in August 1993 and the subsequent 2 months, until I got my I-20, which was a change of legal status technically, so I must had been in legal status during those 2 months. I am also thinking, since we filed I140 on April 30, 2004 doesn't 245(i) somehow cover me in case I can't prove my legal entry? Am I really screwed now?
Click to expand...

I think (!!!) that if it is only 2 months it will not be a problem.
 
Kartoshkin said:
Actually I did not destroy my first passport. I had to submit it when it expired and Russia issued me the new one. Maybe this was the rule back then to relinquish the expired passport. Anyway, I cannot account for my legal entry in August 1993 and the subsequent 2 months, until I got my I-20, which was a change of legal status technically, so I must had been in legal status during those 2 months. I am also thinking, since we filed I140 on April 30, 2004 doesn't 245(i) somehow cover me in case I can't prove my legal entry? Am I really screwed now?
Click to expand...

I think you Qualify for Grandfathering 245(i)
http://www.murthy.com/news/n_usc245.html
http://www.uscis.gov/files/pressrelease/245i.pdf
http://www.ilw.com/articles/2005,0425-Guevara.shtm
http://www.aila.org/content/default...2253http://www.visalaw.com/99apr/38apr99.html
 
Last edited by a moderator:
Kartoshkin said:
Actually I did not destroy my first passport. I had to submit it when it expired and Russia issued me the new one. Maybe this was the rule back then to relinquish the expired passport. Anyway, I cannot account for my legal entry in August 1993 and the subsequent 2 months, until I got my I-20, which was a change of legal status technically, so I must had been in legal status during those 2 months. I am also thinking, since we filed I140 on April 30, 2004 doesn't 245(i) somehow cover me in case I can't prove my legal entry? Am I really screwed now?
Click to expand...
What your lawyer has to say about it?
 
Thank you , Cmapocma and ginnu. In case I have to resort to grandfathering under 245(i) all I need to show is physical presence on December 21st, 2000, and I guess pay stubs will do the job; that I have.

Michvin, my lawyer is dormant. He asked me to get a transcript from my school here where I was enrolled already for those unaccounted 2 months. He thinks that if we show somehow that I was physically present here at that time it will help me. It did not even occur to him to recall the 245(i) thing. I think anybody can be an immigration lawyer in this country. All you need is a suit.
 
Kartoshkin said:
Thank you , Cmapocma and ginnu. In case I have to resort to grandfathering under 245(i) all I need to show is physical presence on December 21st, 2000, and I guess pay stubs will do the job; that I have.

Michvin, my lawyer is dormant. He asked me to get a transcript from my school here where I was enrolled already for those unaccounted 2 months. He thinks that if we show somehow that I was physically present here at that time it will help me. It did not even occur to him to recall the 245(i) thing. I think anybody can be an immigration lawyer in this country. All you need is a suit.
Click to expand...

sometimes even suit is optional.... Why don't you change the lawyer? I know it's complicated question, but still?
удачи!
 
Have you ever been out of the country? What counts is your legal status after your last entry to US. Also you should be in status on the moment of filing I-485.

Hope it helps.
Удачи!
 
I got it all

It's all good now. I just saw my layer the second time today, gave him an adrenaline shot to the heart, he started breathing, walked and pulled out my file and actually found a copy of my very first passport with the I-94 and the visa stamp. So I have everything covered ever since August 27, 1993. Oh boy! Three different visas plus the "in adjustment of status" status. Almost 14years of legal temporary stay!

Thank you for all your input guys.

michvin, yes the online status changed and I got an email from CRIS saying basically that an REF was issued and sent to me. The actual mail arrived roughly one week later.

I wonder if the RFE means the NC was cleared or are they just being proactive at trying to screw me?
 
Kartoshkin said:
It's all good now. I just saw my layer the second time today, gave him an adrenaline shot to the heart, he started breathing, walked and pulled out my file and actually found a copy of my very first passport with the I-94 and the visa stamp. So I have everything covered ever since August 27, 1993. Oh boy! Three different visas plus the "in adjustment of status" status. Almost 14years of legal temporary stay!

Thank you for all your input guys.

michvin, yes the online status changed and I got an email from CRIS saying basically that an REF was issued and sent to me. The actual mail arrived roughly one week later.

I wonder if the RFE means the NC was cleared or are they just being proactive at trying to screw me?
Click to expand...

Hi
Good to hear you have all the records intact. Shd be easy to reply to your RFE now. I believe your NC is all clear now hence the RFE. Good Luck. One quick question: Did you keep copies of all I 94s besides the 1st one. I came here as a student in 1992 and definitely do not have my 1st 2 I 94s. I had since my graduation moved out and worked in other parts of the world and have lived here on and off ( 2000-2004) and (2006-present). In between, I had travelled here as a tourist to visit family or on business innumerable times but had not bothered to keep my I 94 copies because I did not envisage applying for greencard at that point. I wonder if that is going to be a problem now if they ask for proof from way back then...Once again, good luck on your RFE
 
Kartoshkin said:
I wonder if the RFE means the NC was cleared or are they just being proactive at trying to screw me?
Click to expand...

on the one side they send me RFE right after they reopened my case after denial. An it was in April 2005. Security checks still pending

on the other side they are too lazy to even open your case after initial check of approvability.
 
chatterjee1, it was sheer luck that my first I-94's copy survived. I also have action notices from the INS on other visas issued, as a change of status. But I never cared about copying I-94 stubs. Voldemarv mentioned in this thread that what matters is that you've been legal since your last entry to US. If this is true then I guess you are OK.
 
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