Please help - Supplement A to I-485

[Monio 0]

Hello everyone,

I applied for adjustment of status and received NOAs a couple of weeks ago, and I have my biometrics appointment set for 2/1/13/. Today I received a letter with Request for initial evidence.

I am asked to submit one of the following:

* Evidence of your lawful admission to US. Such evidence includes, BUT IS NOT LIMITED TO, I-94, Form I-512 or copy of non immigrant visa from passport.

I do not have those because I came on Visa Waiver program (ESTA). So the "But not limited to" means that I could just copy the stamp they put in my passport when I arrived?

OR

* If you entered the US without inspection (which I did not!!!!), you must submit evidence of your eligibility for adjustment of status under section 245(i) of the INA.

This is so confusing and upsetting, I feel like I am none of the 2, unless a copy of my visa waiver stamp is enough! This paper also mentions a section 245(i)$1000 surcharge fee.

Please, help me, this is so upsetting. Thank you very, very much!

[MR193 2]

Hello everyone,

I applied for adjustment of status and received NOAs a couple of weeks ago, and I have my biometrics appointment set for 2/1/13/. Today I received a letter with Request for initial evidence.

I am asked to submit one of the following:

* Evidence of your lawful admission to US. Such evidence includes, BUT IS NOT LIMITED TO, I-94, Form I-512 or copy of non immigrant visa from passport.

I do not have those because I came on Visa Waiver program (ESTA). So the "But not limited to" means that I could just copy the stamp they put in my passport when I arrived?

OR

* If you entered the US without inspection (which I did not!!!!), you must submit evidence of your eligibility for adjustment of status under section 245(i) of the INA.

This is so confusing and upsetting, I feel like I am none of the 2, unless a copy of my visa waiver stamp is enough! This paper also mentions a section 245(i)$1000 surcharge fee.

Please, help me, this is so upsetting. Thank you very, very much!

All you have to do is make a copy of the page with the stamp in your passport and go online to the ESTA site , log in and print of the page with your ESTA Approval ( With the ESTA number) I did the same and it was accepted .

My evidence was approved at this weeks interview. Have a good relaxing weekend. Good Luck

[Monio 0]

All you have to do is make a copy of the page with the stamp in your passport and go online to the ESTA site , log in and print of the page with your ESTA Approval ( With the ESTA number) I did the same and it was accepted .

My evidence was approved at this weeks interview. Have a good relaxing weekend. Good Luck

Thank you! That made me feel better! Did you have to pay the $1000 fee?

[Monio 0]

Thank you! That made me feel better! Did you have to pay the $1000 fee?

I think I shouldn't be paying it, since I am adjusting the status as a spouse of a US citizen. It even clearly states on the form that I should NOT be filling this form since I am a spouse of a citizen...

[UK2ATL 9]

I had the exact same problem and a simple letter solved it. Problem is they see the I-94 box ticked as no and throw it back without looking into it. You don't have to pay anything so don't worry.

Here's what my letter said (obviously edited my personal info out)

Dear Sir or Madam:

Thank you for your letter of 12/28/2012. Please allow me to confirm, again, that Mr. Blogs entered the US lawfully, on 10/18/2012, on a Visa Waiver, eligible for this program as a British citizen. Please find for your review the following:

1. Color copy of Mr. Blogs bio page of passport, and passport page showing entry, as “WT” (waiver traveler) Exhibit “A”, previously submitted.

2. Copy of ESTA approval form for Mr. Blogs, showing that he applied for and was approved for entry under the USCIS Electronic System for Travel Authorization (ESTA) program, #00000000000000 (Exhibit “B”, previously submitted).

3. Copy of USCIS Policy Changes to the VW Program to Implement ESTA, which explains that:

“Once ESTA is mandatory and all carriers are capable of receiving and validating messages pertaining to the traveler’s ESTA status as part of the traveler’s boarding status, DHS will eliminate the I-94W requirement.” (Exhibit “C”, newly submitted).

Since Mr. Blogs lawfully used the ESTA program, he therefore does not have an I-94, in compliance with your own new regulations.

Hope this helps.

M

[Monio 0]

I had the exact same problem and a simple letter solved it. Problem is they see the I-94 box ticked as no and throw it back without looking into it. You don't have to pay anything so don't worry.

Here's what my letter said (obviously edited my personal info out)

Hope this helps.

M

Thank you, M!

May I ask where you got the number 3 from? Did your lawyer prepare this info? I see the letter being in third person (are you Mr.Blog?) Did you still send the I-485a with the letter? I am sorry for all these questions, and I really appreciate you caring enough to share! Thank you!

[UK2ATL 9]

Thank you, M!

May I ask where you got the number 3 from? Did your lawyer prepare this info? I see the letter being in third person (are you Mr.Blog?) Did you still send the I-485a with the letter? I am sorry for all these questions, and I really appreciate you caring enough to share! Thank you!

Yes our lawyer prepared this and yes I'm Mr. Blogs (Not my real name obviously)

No the I-485 Supplement A is only for Option 2 you just want to reply with Option 1 "Proof of legal entry"

Just type you details at top of the letter you send back like this

US Department of Homeland Security

P.O. Box 648004

Lee’s Summit, MO

64002

Re: Mr. Joe Blogs

#A ( Alien Number

Letter Date (Date you received RFE)

Send copies of your passport and ESTA again with it too.

Policy Change can be found here

http://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-145991/0-0-0-163040/0-0-0-163788.html

M

Edited January 20, 2013 by UK2ATL

[Harpa Timsah 13,258]

You do not qualify for the I-485A and the fine, so ignore that and concentrate on proving your legal entry. Make a nice photocopy of the stamp in your passport and make sure someone can see it (circle it maybe). A nice letter will also help (but clear passport stamp proving your entry is the most important thing).

[Monio 0]

Yes our lawyer prepared this and yes I'm Mr. Blogs (Not my real name obviously)

No the I-485 Supplement A is only for Option 2 you just want to reply with Option 1 "Proof of legal entry"

Just type you details at top of the letter you send back like this

Send copies of your passport and ESTA again with it too.

Policy Change can be found here

http://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-145991/0-0-0-163040/0-0-0-163788.html

M

Thank you! You have made me and my husband feel much more calm! I just really hope this works out, I can't wait to start working! Good luck with your journey!

[UK2ATL 9]

Your welcome, don't stress it will all work out. We've done all the stressing and it gets you no where. They accepted the letter about a week or so after replying now my EAD is in production and getting ready for a interview date.

[Monio 0]

You do not qualify for the I-485A and the fine, so ignore that and concentrate on proving your legal entry. Make a nice photocopy of the stamp in your passport and make sure someone can see it (circle it maybe). A nice letter will also help (but clear passport stamp proving your entry is the most important thing).

Thank you, I will! The admission date is very well visible, but the stamp itself with "ADMITTED" is pretty weak though... But I am sure it will be good enough for them to see!

[MR193 2]

Thank you! That made me feel better! Did you have to pay the $1000 fee?

Nope!

[Harpa Timsah 13,258]

Thank you, I will! The admission date is very well visible, but the stamp itself with "ADMITTED" is pretty weak though... But I am sure it will be good enough for them to see!

If it's a light stamp, consider making a full color copy. It is up to you to prove your legal entry to them.

[UK2ATL 9]

Thank you, I will! The admission date is very well visible, but the stamp itself with "ADMITTED" is pretty weak though... But I am sure it will be good enough for them to see!

My stamp was very weak, the officer had to write the date in with a pen. It doesn't matter how weak it is, they took your finger prints and picture when you entered the country so all they have to do is run your details.

M