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.