Urgent: Missing Passport for Green Card applicant

D

David Demaret

New Member
My wife legally moved here from El Salvador almost sixteen years ago, when she was fifteen. She is currently here on a work visa. A couple of months ago we applied for a green card for her. Every thing was going smoothly until thru asked for her passport from when she entered, as proof the she entered legally, which she doesn't have anymore. What do we do?
 
I am confused by your description. You say she "legally moved here"; what does that mean? Did she immigrate, i.e. become a permanent resident? Did she have some nonimmigrant status? You also say she "is currently here on a work visa". Does that mean she left the US and came back on a work visa? Or she never left the US and changed her status in the US to a work status?

To prove that she last entered legally, she would generally show the I-94 from her last entry. The passport is not that relevant, unless there is no other way to prove the entered. Is her last entry the one from 16 years ago? or more recently? She should have received an I-94 upon entry; that is separate from her passport. If she arrived by air within the last 3 years, she might have an electronic I-94; otherwise, she would have gotten a paper I-94. Does she still have her I-94? If not, what happened to it?
 
She entered on a tourist visa, but she stayed on a work permit. For some reason, the passport got sent back, and I don't know why, but someone had it stamped, so it makes it look like she went back, but she never did. She also says the I-94 would have gone back with it. In the sixteen years since coming here, she's never gone back to El Salvador.
 
If she lost her I-94, it's possible to get it replaced with I-102. It's also possible to make an FOIA (Freedom of Information Act) request to CBP to request what records they have of her entries and departures.
 
My wife is worried that because she doesn't have the original passport, anymore, they will declare her illegal make her pay an additional fee, the make her go back to El Salvador for a time. Should we be concerned about this? If the passport isn't that relevant then why did they request it?
 
Having a passport doesn't mean you're here legally; and having a passport is not necessary to be here legally. The passport doesn't really have anything to do with her current status. The only thing the passport might be useful for is the entry stamp which could help prove legal entry.

What exactly you mean by "she stayed on a work permit"? Do you mean she is out of status and has DACA? If so, her proof of being allowed to stay here right now is her DACA approval.

Also, there is no "fee" for being "illegal".

Anyway, she should look into doing an FOIA request for her entry records. It's pretty easy to do and people routinely do it in such a situation.
 
That doesn't make sense. One doesn't just "get a work permit" as someone in visitor status, or as someone who is out of status. On what basis did she get an EAD? What code does it say on the EAD?

Anyway, this is not relevant to getting the green card. If you are a US citizen, all that matters is that she entered legally.
 
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