QUESTION

Is it a problem if we do not have the I94 during AOS interview?

Asked on Apr 29th, 2013 on Immigration - Arizona
More details to this question:
My wife and I just filed for her adjustment of status for her (I am a USC). She was brought here legally when she was 16 with a valid tourist visa and I-94. This was in '09, and we have not been able to find her actual I-94 in our paperwork. She has an idea as to what date it was but not exact (She knows the month and year) Is there a problem if she does not have the little paper at the interview?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
There could conceivably be difficulty at an adjustment of status interview if the applicant does not have the I-94 card. Although the US government is attempting to abolish the need for I-94 cards in the future, USCIS officers have largely been trained to look for I-94 cards as part of the adjustment of status process. I suggest that your wife file for a replacement I-94 on form I – 102 and show the receipt to the officer at the interview if asked and your wife does not yet have a decision on the I – 102. Due to the limitations of the lawyers.com forums, Alan Lee, Esq.’s (the firm) participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting the question. No attorney/client relationship is or shall be construed to be created hereby. The information provided herein by the firm is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice, nor as the basis for making any decisions of legal consequence.
Answered on May 28th, 2013 at 4:19 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
No.  They probably will not even ask for it.  They have a record of her entry without the need to see her copy of the I-94.
Answered on Apr 30th, 2013 at 1:02 AM

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