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I am applying for a green card but my original passport with i-94 was lost years ago and no copies. Can I still proceed?

Immigration 4 views 3 answers
My wife and I just married recently and she is a US citizen. We are filling out the forms for permanent residence for myself. However, the I-485 states that I need to provide proof of lawful entry to the United States. I entered back in 1992 (7 yrs of age at the time) on a visitor/travel visa and I overstayed. My legal guardians at the time had lost my passport and I-94 and had no copies made. The lost was never reported to the correct authorities either. I have my current passport now but they have no records, entry stamps, etc. After some research on the USCIS site, I found the I102 form, but I only have a rough date range of my entry and not enough information to fillout the rest. I have EVERYTHING else that I need except the i94. Can I still proceed with the I-485 without my i94?

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
No you cannot. You have the burden of proving you were lawfully admitted to the U.S. Failing that your application will be rejected (after USCIS happily cashing your fees.)
0 upvotes
Farnoush FarzadImmigration AttorneyLos Angeles, CA ·
I would definitely recommend that you discuss the specifics of your case with an attorney. It is critical that you properly file an I-102 to obtain a replacement I-94. While you may file the I-102 in conjunction with the I-485, in this case I would recommend that you first proceed with the I-102, and file the I-485 if the replacement I-94 is in fact issued. You you must obtain accurate dates of your travel, port of entry, and possibly the airline information to increase your chances of having the I-102 actually yield results. There are also other options for obtaining entry/exit records, and your case must be properly evaluated to decide on the best strategy. You should definitely seek expert legal counsel on your case, and have an attorney represent you with the various filings.
0 upvotes
Aggie Rachel HoffmanImmigration AttorneyLos Angeles, CA ·
Proof of legal entry is indispensable to adjustment of status. However, the I-94 is not the only way to establish legal entry. You must discuss and sort out the facts and options with an experienced immigration attorney. In the alternative, you can consular process. In such case, however, by departing the U.S. you will expose yourself to the penalty of 10 years of inadmissibility. For this you will need to successfully process a waiver. More information is needed which can be gathered during a thorough consultation.
0 upvotes

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