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?
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?
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.
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3 lawyers agree
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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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.
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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 a casual opinion expressed about a hypothetical situation.
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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.