Visa left in old passport-who has a copy?

E

Erwin Rommel

New Member
Hi fellows,
so here`s my dilemma: I entered US 10 years ago, on a tourist visa. My original passport has long expired and I had to send it back in order to get a new one.., and I had long ago got a new one. However now, my immigration attorney says I will need the original visa from my old passport, in order to process with getting green card. Where could i get one, who or what institution saves it, can i obtain a copy? Many thanks for your advices, cheers
 
Did you still have the I-94? Do you remember the date and location where you entered? Do you know the old passport number?
 
You can try Freedom of Information Act (FOIA) request from the consulate issuing the visa - they might be able to get you a copy. Google "FOIA Consulate visa"
 
Since you have the I-94 and you know the date and port of entry, you don't need the old passport and visa. Apply using a copy of the I-94, and don't worry about the old visa unless USCIS requests it (which they probably won't do if you attach an explanation that the old passport has expired and been surrendered to your country's government).
 
I do... I went to a lawyer, and she said that while its good that I have original i-94, it does not have my picture on it, and Immirgration wants to see my original visa with picture on it.. I tried DMV, no result. Department of state maybe? I am willing to try anything, just dont know where to turn

Jackolantern said:
Since you have the I-94 and you know the date and port of entry, you don't need the old passport and visa. Apply using a copy of the I-94, and don't worry about the old visa unless USCIS requests it (which they probably won't do if you attach an explanation that the old passport has expired and been surrendered to your country's government).
Click to expand...
 
Submit the application with the I-94 and forget about the visa unless USCIS specifically asks for it. Many people have successfully done that without a problem. With the I-94 number and date and place of entry, USCIS can usually find your visa details so they probably won't ask for it.

You might have to wait weeks or months to get a copy of that visa, so don't let it hold you up. Apply without it and deal with it only if USCIS complains. Also note that the even I-485 instructions (see page 3) don't require you to submit a copy of the visa unless it was issued within the past 12 months.
 
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