I-130 approved, but there's no way to find lost I-94

[stuckonstep 0]

I am a US citizen and I am petitioning for my father who legally entered the US from South Korea back in 1992 via Northwest Airlines.

He came here on a visa that has since expired but I was told that this isn't an issue. We got the I-130 approved already and the only thing that appears to be holding us back is that we need to provide some proof of his legal entry. He entered US back in 1992 so it's difficult to track any kind of record. We tried obtaining his I-94 three times using the official form but they were unable to locate it based on the information we provided. We're not sure where the discrepancy is between our information and what's inside their database.

He lost his passport during a move in the past and there's no other documentation. Any ideas what we can do?

After our approved I-130 was sent to the NVC, we received a request for evidence and this form asks for:

1. Original passport pages showing biographic information, admission stamps and visa

2. Copies of any documents or correspondence that you may have obtained from his agency regarding your presence in the United States

3. Submit an explanation of applicant's arrival in the United States, including date, place, circumstances of admission

4. Submit supporting documentation that could verify actual admission, such as airline tickets, itinerary, business letters, etc.

5. If unable to furnish any additional information, return this request with an explanation that you are unable to submit further documentation regarding your arrival in the United States so that a thorough search may be made

In our response to this request for evidence, we submitted a letter explaining the situation that he lost his passport and we provided information around his admission date, connection airport, airline, etc. It has been months and we still haven't heard back.

Any idea on how to proceed and get some proof of his legal entry?

Edited January 25, 2014 by stuckonstep

[Darnell 8,478]

questions:

1. did he leave usa, after his entry and

2. if he is still in USA, why to chase NVC processing for a visa application?

[khmerboy 1]

I think your dad status now is illegal since his visa has been expired (since 1992 or 1993).

After you get approval i-130, you might want to change his status from illegal to legal in USA by apply I-539- Application to Extend/Changed NonImmigrate Status, and support all documents if they request. Try do more research... I think this info might help you.

[aleful 1,905]

I think your dad status now is illegal since his visa has been expired (since 1992 or 1993).

After you get approval i-130, you might want to change his status from illegal to legal in USA by apply I-539- Application to Extend/Changed NonImmigrate Status, and support all documents if they request. Try do more research... I think this info might help you.

hi

please don't give incorrect information, that's only to extend your stay while your i94 is valid, if you entered the country with a tourist visa, and they gave you 6 months of stay, you can only extend your stay for another 6 months if justified

he has been here illegally for many years

[aleful 1,905]

I am a US citizen and I am petitioning for my father who legally entered the US from South Korea back in 1992 via Northwest Airlines.

He came here on a visa that has since expired but I was told that this isn't an issue. We got the I-130 approved already and the only thing that appears to be holding us back is that we need to provide some proof of his legal entry. He entered US back in 1992 so it's difficult to track any kind of record. We tried obtaining his I-94 three times using the official form but they were unable to locate it based on the information we provided. We're not sure where the discrepancy is between our information and what's inside their database.

He lost his passport during a move in the past and there's no other documentation. Any ideas what we can do?

After our approved I-130 was sent to the NVC, we received a request for evidence and this form asks for:

1. Original passport pages showing biographic information, admission stamps and visa

2. Copies of any documents or correspondence that you may have obtained from his agency regarding your presence in the United States

3. Submit an explanation of applicant's arrival in the United States, including date, place, circumstances of admission

4. Submit supporting documentation that could verify actual admission, such as airline tickets, itinerary, business letters, etc.

5. If unable to furnish any additional information, return this request with an explanation that you are unable to submit further documentation regarding your arrival in the United States so that a thorough search may be made

In our response to this request for evidence, we submitted a letter explaining the situation that he lost his passport and we provided information around his admission date, connection airport, airline, etc. It has been months and we still haven't heard back.

Any idea on how to proceed and get some proof of his legal entry?

hi

that's why the i130 Is at the NVC, who is in charge of cases going through consular processing. you should have sent the proof with the i130 and have sent the whole adjustment of status packet. since there was no proof attached, it is taken as if he has entered the country illegally

or you find proof or you cannot continue with the petition

[stuckonstep 0]

hi

that's why the i130 Is at the NVC, who is in charge of cases going through consular processing. you should have sent the proof with the i130 and have sent the whole adjustment of status packet. since there was no proof attached, it is taken as if he has entered the country illegally

or you find proof or you cannot continue with the petition

Hi,

What kind of alternative proof can I provide if we no longer have the passport or any of the typical documentation?

There might be something that we can find and provide, and that's what I'm trying to find out through this thread.

I'm hoping to speak with people who faced a similar situation and learn how they got around it.

Edited January 25, 2014 by stuckonstep

[Icefire 0]

Sorry to hear about your dilemma. It's tough, but there might be things that you can try:

1. First of all, you should stop by a South Korean Embassy in your city, provide your father's legal name, date of birth, place of birth, etc. to them and try to find his old passport number in their database. Also, when you are there, you should apply for a new passport for your dad. Foreign embassies issue passports to their own citizens without checking their visa status in America. It's always a good thing for a foreign person to carry a picture ID of some sort in this country, such as a possport, even if it doesn't have any visa info in it.

2. Once you find out your dad's passport number, you could conceivably write a letter to the American Embassy in the South Korean city where your dad received his visa many years ago. You could include as much personal information about your father in the letter as possible, and try to ask them to locate your father's visa info in their database. If they find it, they could send a duplicate copy of his old visa to you and/or provide you his original visa number.

3. Once you get your father's visa number, it will be MUCH easier for you to resubmit your father's Form I-102 to replace his lost I-94, since with the new info you provide, they could potentially match his visa number and passport number with what they have in their database.

4. You could also call Northwest airline and ask them to search through their old files for your father's ticket purchase history. It would be a lot easier for them if you could tell them exactly on which day your father flew to America. But if not, you could at least try to give them your dad's name and the credit card that you used when you purchased the ticket, if (and it's a big if, since so many years have gone by) you know which credit card that you provided back then.

5. If you did use a credit card to pay for your dad's flight ticket, you could also call your credit card company and ask them to search through their old data to locate the payment date of that transaction, and then call back the airline and provide the transanction information of your ticket purchase.

6. Last but not least, if your father applied for visa extension using Form I-539 years ago before his visa expired, you could get a duplcate copy of his I-539 receipt and/or approval letter and use that to prove his legal entry. But maybe your dad never applied for a visa extension....

Well, that's all I can think of for now. Best of luck on your journey of getting his status adjusted!

Edited January 30, 2014 by Cindy.w

[Darnell 8,478]

status adjusted? unsure, as the casefile is at NVC.

[Icefire 0]

Well, maybe he can request his petition casefile to be transferred once, and if, he gathers enough evidence that proves his father's legal entrance into the U.S....

[Darnell 8,478]

sure, anything is possible.

[Icefire 0]

One more thing, if you do end up retrieving your father's passport number and visa number, I would caution against filing I-102 standalone, in case of a remote possbility of being placed in a removal proceeding. That would complicate the case even futher.... It would be much better to file I-485 concurrently with I-102. Of course, that requires transferring your petition case out of NVC. But maybe the last part would be automatic, meaning done by the USCIS without your request, once you submit your father's I-485, I-765 & I-102, along with supporting documents that prove his legal entry.

Edited January 31, 2014 by Cindy.w