RFE Issued for Proof of Lawful Entry- CANADIAN CITIZEN- Any help or advice Appreciated!

[Aimz_B87 1]

Hi everyone,

 

     I just received an RFE for my Adjustment of Status (I-485) marriage based, asking for proof that I was lawfully admitted or paroled into the U.S. I don’t have an electronic I-94 record as this was 14 years ago, and my passport from that time doesn’t have a stamp. Also, I’ve checked the website for my entry and exit records however since it’s been so long no records exist on the website. I am originally from Windsor, Ontario, and I’ve probably crossed the land border between Windsor and Detroit upwards of 50 times. I cannot recall if I was actually issued an i94 at the time or not because back then, I was not even aware of what that was or what it meant, as every time before I was questioned and allowed to proceed at the point of entry. From my understanding and previous research into cases like mine, this is a very common scenario and others have taken the steps I’ve taken to prove lawful entry. 

Here’s my situation:

• I entered the U.S. on May 30, 2011, through the Detroit–Windsor Tunnel on a commercial bus that routinely transports passengers from Southwestern Ontario to the Detroit Metro Airport. The bus picked me up in Windsor and dropped me off at DTW

•  All passengers were required to get off the bus for secondary inspection, and I was lawfully admitted by a CBP officer.

 

•  My Robert Q itinerary includes a section where I had to list my Spirit Airlines flight that morning — it shows the airline name and flight time. I don’t have the separate flight confirmation anymore, but that’s what was written on my bus ticket.

 

• I’ve already submitted a FOIA request to CBP to retrieve my old I-94 record, but it’s still pending. My first attempt said there were no responsive records received but I appealed the decision and they agreed a more thorough search was needed. I’ve already emailed the public liaison to request expedited processing with my reasoning being the RFE.

 

When I first filed my AOS, I included:

 

•    My passport biographical page of the passport that was valid and  I used when I entered. There are no stamps in this passport as is common with Canadians traveling into the USA from a land border.

•    Robert Q bus itinerary showing the date, time, pickup and drop-off destination, my full name, Also included along with this was correspondence via email with this company where they confirmed that I was a passenger on that trip and confirming their procedures for border crossing.

 

•    A signed and notarized affidavit explaining my lawful entry and inspection process.

 

•    My FOIA confirmation page showing I requested the I-94 record if any exists and my entry and exit record.

 

The RFE doesn’t mention anything about being able to submit alternative evidence, so now I’m really worried. I don’t have anything new to add besides what I already sent.

Has anyone been in a similar situation where they were missing an I-94 but were still approved? Would it help if I also filed Form I-102 (Replacement/Initial I-94) or reached out to the CBP FOIA Public Liaison for expedited processing?

 

Any advice or experience would mean a lot — I’ve done everything I can to document that I was properly inspected and admitted, but this RFE has me panicking.

Thank you all so much in advance. 🙏

[Boiler 48,125]

My first thought is that there is something about your case they do n ot like.

 

On what basis are you adjusting

 

What have you been doing for 14 years

 

You said you entered the US to fly somewhere, where to

[Aimz_B87 1]

46 minutes ago, Boiler said:

My first thought is that there is something about your case they do n ot like.

 

On what basis are you adjusting

 

What have you been doing for 14 years

 

You said you entered the US to fly somewhere, where to

I am doing a marriage based adjustment of status through marriage to a USC. Married since 2023. 
 

I have been out of status, I originally came here with ZERO intent to stay, was only meant to be here for the summer, but life happened. I flew from Detroit to NYC for a vacation which is quite common when you live in southwestern Ontario, as flights are MUCH cheaper when flying domestically. 

[Ontarkie 15,051]

Hmm, weird. As many Canadians have adjusted status without an I-94. They usually mark land crossing such and such date at this POE. 

[Aimz_B87 1]

16 minutes ago, Ontarkie said:

Hmm, weird. As many Canadians have adjusted status without an I-94. They usually mark land crossing such and such date at this POE. 

I did see another post actually on this forum from years ago where the woman actually did end up getting an RFE, and people were hypothesizing that it could be during the initial intake it was just an oversight since they are going down a checklist and they weren’t actually deep diving into the case, however I’m not sure how true any of that is. 
 

I literally JUST sent my case in, I received my receipt on October 4th so I’m hoping that’s the case, from what I read that she did she submitted an affidavit explaining the circumstances of her entry and they did accept that, while I’ve already provided this I guess I’m kind of just hoping that it’s more of an oversight more so than my proof not being sufficient, as I believe it’s pretty solid, the bus company I traveled with  is very reputable and is still in operation today. 

[apond 59]

20 minutes ago, Ontarkie said:

Hmm, weird. As many Canadians have adjusted status without an I-94. They usually mark land crossing such and such date at this POE. 

That’s exactly what we did. 

[TBoneTX 48,301]

Fingers crossed.  Definitely keep us posted.

[Aimz_B87 1]

12 minutes ago, TBoneTX said:

Fingers crossed.  Definitely keep us posted.

Thank you so much, I reached out to two lawyers on Friday when I was able to view the RFE so I’m hoping they can help me draft something better than I did, will for sure be updating everyone. I searched so much for similar cases to mine and prepared my case over the last 10 months so it’s been a journey. Hope this will be able to help others in my situation at least.