2

I have a friend who's going through her adjustment of status proceedings. She says they've asked her for her I-94 number from the passport she entered with in Miami in 2005. But she doesn't know it, can't find it, and there's nothing indicating she was given one (I'm sure she was).

There's also no date on her admittance stamp, only the date she entered. She never left, because she's raised a family with a US citizen whom she married back then, and isn't sure why it's so hard to find out this number, or where she can find it to complete application. Any advice?

3
  • 1
    It was typical to write the class and admission date only on the I-94, which should have been stapled into the passport. Are there staple holes in the page? Does she not remember removing the I-94?
    – phoog
    Commented Sep 30, 2016 at 0:37
  • The then passport shows no perforations or holes where staples could've been or were ripped from. We're not even sure what we're looking for...what's it even look like?
    – Chelsea Welter
    Commented Sep 30, 2016 at 0:44
  • 2
    @ChelseaWelter it appears that your friend is Canadian and never had an I-94 form; see my comment below.
    – phoog
    Commented Sep 30, 2016 at 0:52

2 Answers 2

5

If her entry stamp in the passport doesn't satisfy the USCIS, then unfortunately, her only hope might be applying for a replacement by completing and sending form I-102 to the USCIS

She has to provide as much proof of her entry as possible, or, if not possible, a good explanation letter clarifying why she cannot submit proof of her entry.

Instructions are provided here.

If approved, she will get a new arrival number.

1
  • Comments are not for extended discussion; this conversation has been moved to chat.
    – SztupY
    Commented Jun 7, 2017 at 12:07
1

Since the extended discussion with detailed advice from @user102008 and others was moved to chat, I'm rewriting it into an answer:

  • It appears that this person is Canadian and never received an I-94, but was simply admitted with an entry stamp. If so, that would explain the lack of an I-94 number.

  • Even if the I-94 was lost, while USCIS prefers an I-94, their policy is to treat the entry stamp as sufficient evidence of legal admission, see here and here (scroll down to Evidence of Admission)

  • Even if the person overstayed and/or is not in status, as the spouse of a US citizen they count as an Immediate Relative and they can still apply for Adjustment of Status. (This assumes they didn't depart the US. If they had departed the US after 180 days of overstay, they could have an unlawful presence ban which would require a waiver to be approved.)

Conclusion: although USCIS has requested the I-94 number, in this specific situation, it should suffice to explain that the I-94 number either was never issued or is not available and provide the entry stamp as evidence of admission.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.