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Lost my expired I-94 from 20 years ago which I've overstayed. Son is filing I-130 for me. Is passport stamp enough?
Anonymous2 views4 answers
Hello,
I entered the US on a visitors visa in 1990. I've lived in the united states ever since. A few years ago I lost my I-94. However, I still have my passport showing the stamp/date of entry. My son, a US citizen (over 21), is now filing an I-130 for me, and we're filing the I-845 (adjustment of status) as well.
Will my application be denied because I don't have my I-94? Will an I-102 help me or will USCIS not have a record of it since it was so long ago?
Thank you,
I agree with my colleague. It is advisable that any document being submitted to USCIS be reviewed by an experienced immigration attorney for errors or omissions that could lead to future problems. Good luck.
You need to make a FOIA request. On the request form specifically state you are looking for your I-94. Include a copy of your passport id page and stamp page.
I also suggest you consult with an immigration attorney before you file.
I am an Immigration Attorney. You need to file an Application for Replacement/Initial Nonimmigrant Arrival-Departure Document. The governemnt fee for this application is $330, plus you should consider the cost of the attorney assisting you in this, if you decide to retain one.
i would also add that you can file directly this application along with the I-130 petition and I-485. of course you should make sure that your petition is properly prepared and filed and an Immigration attorney would be very helpful in avoiding errors that may jeopardize the success of your case.
Enrica Manduco, Esq.
[email protected]
