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-   -   B2 Visa but no I-94, Suggestions. Expired I-821D (http://dreamact.info/forum/showthread.php?t=48488)

4justice 05-05-2013 09:54 PM

B2 Visa but no I-94, Suggestions. Expired I-821D
 
I am helping someone file for DACA. I have the person's B2 Visa card with me. However, they have lost the I-94. Someone mentioned you can still file and add additional information letting them know that the I-94 has been lost. Has anyone done this before?

Also, I have searched on this forum and have not found any information on the I-821D being expired. Is the same form still being used even with the Feb. expiration date? I did not find a newer or updated form on the USCIS website. Thanks.

MIdreamer 05-05-2013 10:14 PM

Re: B2 Visa but no I-94, Suggestions. Expired I-821D
 
You don't have to have the I-94 as long as you have other documents to proof that you qualify for the relieve. As for the application, as long as it's from the official site, you are good.

4justice 05-05-2013 10:19 PM

Re: B2 Visa but no I-94, Suggestions. Expired I-821D
 
Ok thank you. I just found on the USCIS website saying that a new edition is coming soon and you can still use the 8/15/2012 version.

There is a question on the I-821D application that asks if you have an Arrival/Departure record I-94, do you still say YES because it's still in their system and they have a record of it but you just don't have a hard copy? Or do you say NO because you personally have lost your I-94 form?

MIdreamer 05-05-2013 10:21 PM

Re: B2 Visa but no I-94, Suggestions. Expired I-821D
 
Quote:

Originally Posted by 4justice (Post 471308)
Ok thank you. I just found on the USCIS website saying that a new edition is coming soon and you can still use the 8/15/2012 version.

There is a question on the I-821D application that asks if you have an Arrival/Departure record I-94, do you still say YES because it's still in their system and they have a record of it but you just don't have a hard copy? Or do you say NO because you personally have lost your I-94 form?

You should check yes and attach other documents that can proof your entry before age of 16.

4justice 05-05-2013 10:24 PM

Re: B2 Visa but no I-94, Suggestions. Expired I-821D
 
Oh ok thanks. On another note. I helped one of my cousins file for DACA back in January (EWI). On Friday they received their EAD. Feels good. I felt like I had gotten mine all over again.

Malign0n 05-05-2013 10:25 PM

Re: B2 Visa but no I-94, Suggestions. Expired I-821D
 
I'm assuming that you are referring to the "Border Crossing Card" when you refer to this person's B2 visa card.
For DACA you have to prove coming to the US before 16th birthday, you don't necessarily need the I-94, you can prove that with school records. You may use the card as proof of immigration status. -You may write a letter informing USCIS that the I-94 was lost and they may recover information with CBP-

Also, You may use the I-821D even though it is expired. The form's expiration does not signal it's validity for processing, it is just an internal check by the Office of Management and Budget.

4justice 05-05-2013 10:32 PM

Re: B2 Visa but no I-94, Suggestions. Expired I-821D
 
Quote:

Originally Posted by Malign0n (Post 471313)
I'm assuming that you are referring to the "Border Crossing Card" when you refer to this person's B2 visa card.
For DACA you have to prove coming to the US before 16th birthday, you don't necessarily need the I-94, you can prove that with school records. You may use the card as proof of immigration status. -You may write a letter informing USCIS that the I-94 was lost and they may recover information with CBP-

Also, You may use the I-821D even though it is expired. The form's expiration does not signal it's validity for processing, it is just an internal check by the Office of Management and Budget.

The card I'm referring to is the actual VISA card. Has the person's picture, DOB, etc. On the top it reads USA B1/B2 Visa/BCC. I'm sending in a copy of it as well. I have sufficient evidence to prove presence before the 16th Bday. I have helped several people file for DACA but this is my first Visa Overstay. All others have been EWI.

jadee87 05-05-2013 11:22 PM

Re: B2 Visa but no I-94, Suggestions. Expired I-821D
 
My parents lost our I-94s a long time ago. When we applied, I put no because I don't have it with me. I filled it out that way because I was told to in a DACA clinic I went to. I think it went ok. So far my sister was approved about a month ago. I'm still waiting though..

4justice 05-05-2013 11:31 PM

Re: B2 Visa but no I-94, Suggestions. Expired I-821D
 
Quote:

Originally Posted by jadee87 (Post 471341)
My parents lost our I-94s a long time ago. When we applied, I put no because I don't have it with me. I filled it out that way because I was told to in a DACA clinic I went to. I think it went ok. So far my sister was approved about a month ago. I'm still waiting though..

Oh ok. Thanks for the input. I was also thinking of just putting NO since we do not have the actual I-94 form.

jadee87 05-05-2013 11:40 PM

Re: B2 Visa but no I-94, Suggestions. Expired I-821D
 
Quote:

Originally Posted by 4justice (Post 471344)
Oh ok. Thanks for the input. I was also thinking of just putting NO since we do not have the actual I-94 form.

No problem, and if you feel the need to, just explain it on the cover letter. My sister didn't have her diploma when she applied. She graduated a year early because we thought we were going to leave lol. So we put her down as a HS graduate and explained why she didn't have her diploma yet and everything went ok with her application.

I was wondering if we should file the I-102 for a replacement. The only thing holding me back is the fact that it's $330. Is it something that I'll need later on?


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