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. 🙏