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DAP Forums > DREAM Act > The Lounge

Problem on proving unlawful status HELP

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#1
01-05-2014, 05:27 AM
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Joined in Jan 2014
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ifreewillie
0 AP
I've finally decided to apply for DACA and I have sufficient proof for everything except "8. What Documents May Show You Were in Unlawful Status as of June 15, 2012".

The story is, I came here on a Visitor's Visa (B2) in 1992 when I was 9 years old. I enrolled into an elementary school when public schools were able to hand out I-20. It was until middle school when public schools are no longer allowed to hand out I-20, in which only private schools can. My guardians decided to put me in a public school anyway. So at the time, I was studying without a valid I-20.

The problem now is that my I-94 and my I-20 were lost long ago along with the original passport I used when I came here, so the proof of arrival is basically none at the moment. I do not have any orders of exclusion/deportation/removal nor any charges for removal proceedings.

Any help is appreciated.
Last edited by ifreewillie; 01-05-2014 at 05:40 AM..
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#2
01-05-2014, 05:57 AM
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Pianoswithoutfaith
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unable to provide your lost I-20 and I-94 pretty much you are unlawful anyway so I think you are a good there. As long you meet the 5 important ones, be here before turning 16, before June 15, 2007, contentious presence and no criminal record, I forget the 5th one
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#3
01-06-2014, 12:43 AM
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So, you don't have the original passport (along with the visa) either?

What you could do, and if you could please confirm this with a lawyer, is you could send in an application for a replacement/initial non-immigrant arrival-departure document along with your DACA application. That way it proves that you came into the US with a visa (and subsequently overstayed, thus proving you are unlawfully present)

The application costs $330 (plus, you would have to pay $465 more for DACA). That's why I would talk with a lawyer.
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#4
01-06-2014, 02:44 AM
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ifreewillie
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Quote:
Originally Posted by Pianoswithoutfaith View Post
unable to provide your lost I-20 and I-94 pretty much you are unlawful anyway so I think you are a good there. As long you meet the 5 important ones, be here before turning 16, before June 15, 2007, contentious presence and no criminal record, I forget the 5th one
Yeah I do agree this is probably the most insignificant portion of the application, but not being able to complete it will ultimately put me at risk of RFE.

Quote:
Originally Posted by Malign0n View Post
So, you don't have the original passport (along with the visa) either?

What you could do, and if you could please confirm this with a lawyer, is you could send in an application for a replacement/initial non-immigrant arrival-departure document along with your DACA application. That way it proves that you came into the US with a visa (and subsequently overstayed, thus proving you are unlawfully present)

The application costs $330 (plus, you would have to pay $465 more for DACA). That's why I would talk with a lawyer.
I was looking at the form to get the I-94 replaced, the I-102 form. It does have a question asking whether I'm filing for the replacement with another application and in this case, the I-821D. I will be asking a lawyer tomorrow. Thanks for the input.
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#5
01-06-2014, 06:28 PM
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victor85
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Quote:
Originally Posted by ifreewillie View Post
I've finally decided to apply for DACA and I have sufficient proof for everything except "8. What Documents May Show You Were in Unlawful Status as of June 15, 2012".

The story is, I came here on a Visitor's Visa (B2) in 1992 when I was 9 years old. I enrolled into an elementary school when public schools were able to hand out I-20. It was until middle school when public schools are no longer allowed to hand out I-20, in which only private schools can. My guardians decided to put me in a public school anyway. So at the time, I was studying without a valid I-20.

The problem now is that my I-94 and my I-20 were lost long ago along with the original passport I used when I came here, so the proof of arrival is basically none at the moment. I do not have any orders of exclusion/deportation/removal nor any charges for removal proceedings.

Any help is appreciated.
At the minimum, do you still remember your I-94 number or the original passport's number?

If you do, you could perhaps submit a freedom of information act request (G639) for your immigration record.
After USCIS receives the request, they will send you everything they know about you. It'll contain all of the information you need in order to prove your unlawful status.
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#6
01-06-2014, 11:07 PM
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ifreewillie
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Quote:
Originally Posted by victor85 View Post
At the minimum, do you still remember your I-94 number or the original passport's number?

If you do, you could perhaps submit a freedom of information act request (G639) for your immigration record.
After USCIS receives the request, they will send you everything they know about you. It'll contain all of the information you need in order to prove your unlawful status.
I might have a photocopy of my original passport but that's it. But looking at the G-639 form, it requests I-94 number and Alien registration number, but nowhere does it asks for a passport number.
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#7
01-07-2014, 12:43 AM
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victor85
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Quote:
Originally Posted by ifreewillie View Post
I might have a photocopy of my original passport but that's it. But looking at the G-639 form, it requests I-94 number and Alien registration number, but nowhere does it asks for a passport number.
Talk to a lawyer. Your case will be very complicated.

Here is what i would do:

First, you could file a freedom of information act with CBP and hopefully they still have your I-94 records.
https://help.cbp.gov/app/answers/detail/a_id/1554

You could file a freedom of information act with the Department of State to obtain the copy of your B2 visa. Here is the link.
http://foia.state.gov/

Also, did you travel with any family member? If you entered with a family member, the family member probably has the same date of entry, same place of inspection, and maybe an I-94 number in sequence to yours.

With the I-94 number, file I-102, requesting for a duplicate of the I-94.
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