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Cynthia24porras

Is it a FOIA from CBP a good prove of entry?

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I'm also having trouble I entered with a visa b1/b2 lost passport with visa and no I-94 I filed a FOIA to CBP all they gave me was two pages with the date, airline, and from where I departed and I where I arrived would that be enough to prove legal entry please help I have 50 days left to respond I applied for adjustment of status thank you for the time

Cynthia p

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Filed: Citizen (apr) Country: Ukraine
Timeline

. . . all they gave me was two pages with the date, airline, and from where I departed and I where I arrived . . .

I have no expertise in this; but the above sounds exactly what would be on the I-94.


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July 22, 2017  ROC packet sent to Vermont.

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August 12, 2017 ASC appointment received. 19 days since ROC in VSC.

August 25, 2017 BIO completed. 32 days since ROC received in VSC.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

December 4, 2018  USCIS Account shows: We approved your Form I-751, Petition to Remove Conditions on Residence, 

December 4, 2018, ordered your new card for Receipt # EAC17297003XX, and will mail to the address you gave.

491 days from NOA issued by VSC until Petition approved.

December 7, 2018 USCIS sent notice:  Card mailed.

December 12, 2018 Ten year Green Card received from Lees Summit, MO

499 days from NOA issued by VSC until Green Card received.

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CITIZENSHIP PROCESS

December 6, 2018 submitted N-400 application on-line.  Estimated Completion Time: 8 months or August 2019.

December 8, 2018 received notice on USCIS that Biometrics scheduled . . . but the actual date was not yet shown.

December 11, 2018 saw in 'Documents' section of USCIS that Bio scheduled for 24 December 2018.

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January 9, 2019 went for re-scheduled BIO appointment.  33 days after N-400 submitted on-line.

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I'm really worried that uscis will deny my application if they don't counted as a prove of legal entry but that's everything I have for the moment y try form g-639 but just faxed and I know that I'm not going to get an answer before the deadline

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I got your message Cynthis24porras. Does the FOIA record show the I-94 #? Because that is how USCIS will pull up your entry records. What is your entry date/year?

This is how I did it. When I received the RFE from the I-485, I appied for a replacement of I-94 and paid the $320. All I had as proof of entry was the FOIA records, and nothing else. I included a copy of my passport (biography page) and country ID to prove who I was, a sworn affidavit, and a copy of NOA to show that I had a case pending. I also requested for the paperwork to be experdited.

That motion was denied. Two weeks later I received a RFE for 102. They stated that they needed more info as they could not find my entry records. Although, I was highly disappointed and thought it was over for me, the next day I must have read the RFE five or six times and found that they had the wrong entry date! I then responded with the same info as before and on my cover later I noted that they had the wrong date. I also wrote that FOIA was the only US entry proof I had.

A few weeks later I received an approval text and got a copy of my 16yr I-94. So I would advice you to file for replacement, at least show that you attempeted to get one. Please include anything - copy of ticket, tags from the luggage, anything relevant to your flight to show that you entered legally (that would help a lot). In my case I had none, and I totally relied on that FOIA.

Let me know if you have anymore questions.

Best wishes, will say a prayer for you 'cause I know this can be nerve wrecking. Stay hopeful and postive.

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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I am so glad you got my message. It actually does not show the I-94 number I don't know if I have to resubmit another i-102 because I did it before and they denied it. Should I refile it with the copy of the FOIA I got from CBP? Is that's what you explain to me ?

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On your FOIA records, do you have anything that says Admission Number?

That would be the part where your name, DOB, Admission Class, Country of Citizenship is listed.

What is your story? You lost your passport or you were never given the number. If you can answer the following questions I think you can be helped, or stirred the right way.

1) What is your entry date (year)?

2) Do you have a COPY of your lost passport or anything related to your passport?

3) Do you have any tags from your luggage that shows your date of entry?

Adjusting from B-2
AOS

08/23/2013 - Package Mailed

08/25/2013 - Package delivered
08/29/2013 - Email/text notifications received

08/30/2013 - Checks Cleared
09/03/2013 - NOA hard copies received

09/09/2013 - Received Biometrics Appointment for 9/25
09/13/2013 - Text/Email for RFE (I-864 & I-94)

09/16/2013 - Completed Biometricks (Walk In)

(Long gap in sending RFE back because I had to complete I-94 application and tried to wait for decision but ended up submitting RFE for I-864 with I-94 NOA)

11/29/2013 - RFE response sent

12/30/2014 - EAD received

01/06/2014 - I-94 Approved!!!!!
02/06/2014 - Interview (had to go back to civil surgeon to re-do paperwork and make sure this time he signs it. Took care of it that very same day and dropped it off at the USCIS office the following morning.
02/14/2014 - Green card received!!!

Thank you VJ for all your help!!!!

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