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Proof of Legal Entry AOS

#1 oceangoing

oceangoing

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  • Joined: 07 Mar 2012

Posted 07 March 2012 - 10:53 PM

For AOS as a Mexican citizen, would a Border Crossing Card (Laser Visa) count as proof of legal entry? My husband came in legally using a Border Crossing Card many years ago. He doesn't have an I-94 but he does have his passport (though not stamped) and visa. So could we use the BBC as proof of legal entry instead of the I-94?

Additional Info: He hasn't left the country since he came in over a decade ago.

Thank you so much for your help!
  • 0

#2 Inky

Inky

    Elder Member



Posted 07 March 2012 - 10:56 PM

Not a spousal visa question.

Moving to AOS from work / student / tourist.
  • 0

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Your I-129f was approved in 5 days from your NOA1 date.
Your interview took 67 days from your I-129F NOA1 date.
AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.
I am a Citizen of the United States of America. 04/16/13

#3 ChrisPG

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    Gold Member

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Posted 07 March 2012 - 11:56 PM

For AOS as a Mexican citizen, would a Border Crossing Card (Laser Visa) count as proof of legal entry? My husband came in legally using a Border Crossing Card many years ago. He doesn't have an I-94 but he does have his passport (though not stamped) and visa. So could we use the BBC as proof of legal entry instead of the I-94?

Additional Info: He hasn't left the country since he came in over a decade ago.

Thank you so much for your help!


I have no experience with boarder crossing cards-- but if it is anything like a visa (used to seek permission to gain entry into a country), then there is no way to prove that he used the card/visa to enter the country legally.

I entered on an F1 visa and both my passport and I-94 were stamped in some way. My visa was never touched.

I am sure someone will be a long shortly with a more definitive answer.
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Background Information

-Dec 2006: Arrived with an F1 visa
-Dec 2007: Met USC.
-Dec 2009: Got Engaged.
-Jan 2010: Fell out of Status.
-Oct 2010: Married USC.
-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline
Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox
Day 2: 02/27/12: Package arrived at the Chicago Lockbox.
Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.
Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.
Day 24: 03/20/12: Email notification for RFE.
Day 27: 03/23/12: Hardcopy RFE received in the mail.
Day 31: 03/27/12: Biometrics completed.
Day 40: 04/05/12: Mailed off the RFE.
Day 44: 04/09/12: RFE Delivered.
Day 46: 04/11/12: USCIS received RFE and case updated online.
Day 55: 04/20/12: EAD approved!
Day 60: 04/25/12: Received 2nd "EAD in Production" Email.
Day 61: 04/26/12: EAD Mailed.
Day 63: 04/28/12: EAD in hand!
Day 74: 05/09/12: Interview date scheduled for June 12th.
Day 75: 05/10/12: Interview letter in hand.
Day 108: 06/12/12: Interview.
Day 110: 06/14/12: Received I-485 & I-130 approval emails.
Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.
Day 115: 06/19/12: Received GC in production email.
Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.
Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.
March 16th 2015: Eligible to file for naturalization.

#4 oceangoing

oceangoing

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Posted 08 March 2012 - 12:54 AM

I have no experience with boarder crossing cards-- but if it is anything like a visa (used to seek permission to gain entry into a country), then there is no way to prove that he used the card/visa to enter the country legally.

I entered on an F1 visa and both my passport and I-94 were stamped in some way. My visa was never touched.

I am sure someone will be a long shortly with a more definitive answer.



Thank you for your input! After many hours of research, I think I've concluded that the BBC (Border Crossing Card) is different from other visas, since it's only given to Canadian and Mexican citizens. However, I am far from sure and that's why I'm seeking information on this. Oh and the BBC makes stamping the passport unnecessary, at least if traveling by land.

Again, this is all speculative!
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#5 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 08 March 2012 - 01:12 AM

For AOS as a Mexican citizen, would a Border Crossing Card (Laser Visa) count as proof of legal entry? My husband came in legally using a Border Crossing Card many years ago. He doesn't have an I-94 but he does have his passport (though not stamped) and visa. So could we use the BBC as proof of legal entry instead of the I-94?

Additional Info: He hasn't left the country since he came in over a decade ago.

Thank you so much for your help!


You could try an FOIA request to both USCIS and CBP, but I'm almost certain it will come back with no record found. Entries using the old style BCC's were frequently not recorded by CBP.

Presuming USCIS finds no record of his having left and/or reentered the US since his BCC expired, they should accept a photocopy (both sides) of his BCC as evidence that he was inspected and admitted.
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12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!




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