I have got a RFE, which requests evidence for my last entry to US from Canada.
In May 1998, I went to US Consulate in Canada to apply a new H-1 visa stamp, since my wife wanted to visit China and she did not want apply H-4 visa in US consulate in China. Her H-4 status is dependent on my H-1 status. When I left US from Detroit, I did not turn over my I-94 (This is advice of my lawyer). I got H-1 visa stamp from the US consulate, and entered US in Detroit from Canada. At that time, the US custom just looked at my passport and let me in; they did not issue me a new I-94. So, virtually, I don\'t have anything to prove that I entered US at a certain data legally. This kind of entry to US is very common at the boarder of US and Canada, and US and Mexico.
My attorney is going to write a letter to INS to explain the situation.
Does any of you guys/girls out there has encountered similar RFE, how did you respond, what was the result? Any help is deeply appreciated.
My detail:
RD: 05/11/2001
ND: 06/22/2001
FP: 11/23/2001
RFE: 04/02/2002
LIN-01-205-xxxxx
Guan888
In May 1998, I went to US Consulate in Canada to apply a new H-1 visa stamp, since my wife wanted to visit China and she did not want apply H-4 visa in US consulate in China. Her H-4 status is dependent on my H-1 status. When I left US from Detroit, I did not turn over my I-94 (This is advice of my lawyer). I got H-1 visa stamp from the US consulate, and entered US in Detroit from Canada. At that time, the US custom just looked at my passport and let me in; they did not issue me a new I-94. So, virtually, I don\'t have anything to prove that I entered US at a certain data legally. This kind of entry to US is very common at the boarder of US and Canada, and US and Mexico.
My attorney is going to write a letter to INS to explain the situation.
Does any of you guys/girls out there has encountered similar RFE, how did you respond, what was the result? Any help is deeply appreciated.
My detail:
RD: 05/11/2001
ND: 06/22/2001
FP: 11/23/2001
RFE: 04/02/2002
LIN-01-205-xxxxx
Guan888