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#8
11-13-2017, 03:56 PM
Member
Joined in Jul 2017
95 posts
NattUhhLee
Quote:
Originally Posted by Demise View Post
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.
Demise, any idea on whether the I-94 is absolutely necessary? I'm filing an AOS application for my grandmother, she's being petitioned by her daughter. She has her passport stamped with her B2 Visa entry stamp, but has lost her I-94. I have already submitted 2 FOIA request with different variations of her name, and neither have returned an actual I-94 number or copy. They will only send us a record of her entry, has a date, time and place. I've read that the stamped passport coupled with plane tickets etc are sufficient to prove legal entry without the I-94.
I'm assuming FOIA request is not resulting in an I-94 due to the age, she entered about 18 years ago
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