I have no I-94, do I need it for the application submission of the i-485?

Asked 11 months ago - Redding, CA

I entered into the US in December of 2012, I remember filling out the i-94 but I also remember handing it into someone as well. I also don't have a stamp in my passport. Am I going to need to file for a replacement I-94? Also why was I not issued a stamp?

Additional information

I was looking through my paper work that I had, I still have my boarding passes from my flight here, on the boarding pass from Canada to USA there is a stamp, it says I was admitted in Toronto, there is a date but no class filed out. Is this good enough?

Attorney answers (5)

  1. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . To be able to adjust status, you must prove that you entered the US legally. For that, you need either a stamp in the passport or the I-94. You will need to file form I-102.

    The Court of Appeals for the Fifth Circuit has stated that "federal immigration laws are exceedingly complex"

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Tripti Sharad Sharma

    Contributor Level 19

    2

    Lawyers agree

    Answered . Yes, you will need your I-94 to adjust status.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Michael Hugh Carlin

    Contributor Level 18

    3

    Lawyers agree

    Answered . You definitely will need proof of your lawful entry in December 2012. If you cannot find your I-94, you could check to see if it is online by using https://i94.cbp.dhs.gov/I94/request.html ... More likely your entry was prior to the use of this system. You could file a FOIA request to CBP, specifically requesting the I-94 information for the specific date and airport/border where you entered.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  4. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should, as my colleagues mention, BOTH file an I-102 and go online to see if you can find a record in the www.cbp.gov/i94 system.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  5. Paul M. Ruby

    Contributor Level 13

    2

    Lawyers agree

    Answered . You'll need to prove lawful entry, either by the I-94 or in another way. Obviously, the I-94 is the easiest if you have any way of tracking it down.

    This is not legal advice and no attorney-client relationship has been formed, now or in the future. This is just... more

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