Quote:
Originally Posted by MissReni
Hi all,
I am DACA recipient who will soon be married to a US citizen so I'm getting all my forms together for a speedy process. I entered the US with a B2 visitors visa and was inspected/stamped. It obviously expired and I've been applied/renewed DACA twice. I just have a few questions and would appreciate your input (especially for those whose situation was the same as mine and have gotten their green card through marriage since):
1) I lost my i-94. In the parts that ask for its #, expiration date, etc., I explained that it was lost and that I am submitting a copy of the page in my passport that immigration stamped when I entered as well as the visa page. Does this take the place of the i-94? Have any of you gotten approved without a lost i-94?
2) Form I-485, part 8, item 17 asks: "Have you ever violated the terms of a nonimmigrant visa? Technically I did since I overstayed and was unlawful. Should I answer yes?"
3) Form I-485, part 8, item 23 asks: "Have you ever applied for any relief or protection from deportation or removal?" Is DACA under this category?
Also it asks what my current immigration status is and I just put DACA Recipient. What did some of you answer for this question?
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1. Do a FOIA with CBP, or file I-102. FOIA is preferable since it's free. Include as much information as you can: your name, passport number, date of entry, port of entry, etc.
You can file the form with a copy of your entry stamp and visa page (missing the I-94) but you will get an RFE. Usually FOIA will come back way before the RFE does. If FOIA comes back blank you have a problem and have to file I-102. If you want to play it safe you want the I-94 before you file.
Is there any other place that might have a copy of it?
2. Yes. This does not prevent from AOS as an immediate relative.
3. Technically yes. Better to just mark it yes and provide an explanation.