Immigration Site

Is it possible to file for an adjustment of status through marriage to an USC even if you dont have an I-94? The person is out of status and came here as a minor years ago and the mother has lost her passport with the expired visa and the expired I-94.

Thanks for any help.

Is it possible to file for an adjustment of status through marriage to an USC even if you dont have an I-94? The person is out of status and came here as a minor years ago and the mother has lost her passport with the expired visa and the expired I-94.

Thanks for any help. Before filing with USCIS, it would be in your best interest to file freedom of information act/privacy act (FOIA/PA) request with CBP to obtain a record of initial entry. It would then be possible to file an I-102 with USCIS to get a replacement I-94 OR simply provide the CBP response in place of the requested I-94 with the adjustment application to USCIS.

http://www.cbp.gov/xp/cgov/admin/fl/...utaFOIARequest

Before filing with USCIS, it would be in your best interest to file freedom of information act/privacy act (FOIA/PA) request with CBP to obtain a record of initial entry. It would then be possible to file an I-102 with USCIS to get a replacement I-94 OR simply provide the CBP response in place of the requested I-94 with the adjustment application to USCIS.

http://www.cbp.gov/xp/cgov/admin/fl/...utaFOIARequest Thanks for that info BigJoe5. Is there a chance the case will get denied if an I-94 isnt provided or a CBP response as a substitute? I am just curious because I dont know what the turn around time is for CBP and what if I dont receive it any time soon.

Thanks for that info BigJoe5. Is there a chance the case will get denied if an I-94 isnt provided or a CBP response as a substitute? Theres a good chance, since what other proof is there of legal entry into the US?