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How can I obtain an old copy of an I-94 form (from back in 2002).
Anonymous2 views4 answers
I have called CPB and they told me that they don't have copies from that far back and recommended I ask the USCIS. The I-102 from the USCIS seems to only refer to a replacement of the most recent I-94 which is of no use to me because I only need that one really old form <i have entered and exited the US multiple times since then>. The reason why I need it is because in the comments section the border control officer wrote "2 year rule does not apply"; I was entering on the J1 visa. And now I am filing the I-485 and need proof that it didn't apply. Could you please advise?
Very often the application of the 212(e) 2 year rule is indicated on the visa itself in the annotations. I would check that. This provides prima facie proof of the applicability of the rule - though consulates often make mistakes with it too (as the border officer could).
As for getting the I-94 to use as proof - I would say FOIA, but that is gonna take a long time.
You should also check the IAP 66 or DS 2019. They would clearly have the Application of 212(e) indicated on their face. Additionally, if used at Admission to the USA, they might even have an entry stamp on them, thus service as secondary evidence of inspecytion and admission. Alternately, check with your J-1 program sponsor to see it they have any ecords or copies . Good Luck.
Also check your DS-2019s or IAP-66s which should also given an indication about whether or not you were subject to the 2 year rule. However, the forms and visa are not dispositive and USCIS could find you were subject to the rule. Think about consulting with an attorney about this issue before filing your application.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
You can request your records from USCIS using Freedom of Information process. See link below. As far as the INA 212e is concerned, while annotations on the visa are widespread, they are often inaccurate. You can request what is called advisory opinion from DOS on the issue, which will tell you more specifically whether you are subject to INA 212e. Keep in mind that our system is not perfect and such opinions are not always accurate as well. At the end of the day, it will be for the decision maker to make a determination whether you are a subject. The DOS AOs do help, however.
