Border Crossing Card No I94

[marlenev 0]

Hi Guys:

Im new here. hope someone can help me with this.

My husband just became a U.S Citizen. He want to file a petition for his father who entered the u.s with a border crossing card. Here is the catch. He doesn't have a I94 as he was never issued one, since he only had the border crossing card and was probably only suppose to be around the border certain miles. Anywas on the forms like the I130 its asking for arrivaldeparture record I94, date arrived and date expires.

What do I put there???? Is he still able to Adjust Status even without the I94??? Please HELP

[KayDeeCee 4,903]

Put 'None-border crossing card' if there is no I-94. Provide front and back copy of the BCC to show that is how they entered.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[marlenev 0]

Put 'None-border crossing card' if there is no I-94. Provide front and back copy of the BCC to show that is how they entered.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Thanks, so it has been done before? I was just afraid of getting it back rejected.

[KayDeeCee 4,903]

Canadians do not get an I-94 when entering at the border either. They put 'None- Canadian Visitor' and it works. I recall seeing a post about someone with a BCC entry needing to do something similar because they received no I-94.

An I-94 is not given to someone that enters and is staying within a certain range of the border for 30 days. You could even put 'None issued-border crossing card entry'. You can also write a short statement about the entry too and explain they received no I-94.

It is tough to prove they entered legally without the I-94 and passport being stamped. All you can do is provide them with what you have and hope for no RFE. The burden of proof is on the applicant though. >

Question 24: Is the presentation of a Border Crossing Card (BCC), by itself, sufficient proof of lawful admission?

Response: No. If the applicant establishes that he or she presented himself or herself at a port-of-entry for inspection, with a border crossing card, and was permitted to enter the United States, the applicant will have established that he or she was “admitted” for purposes of adjustment eligibility.

http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2013/April%202013/AILAagenda041113.pdf

You can go ahead and submit an FOIA request too, and that way maybe have the proof on hand in case the entry is contested > http://www.cbp.gov/site-policy-notices/foia

Edited August 17, 2014 by KayDeeCee