Legal Question in Immigration Law in New York

Hi, I have an approved I-140 in the EB1B category. For my I-485, I got a RFE to submit proof of nonimmigrant status between 2003 and 2010 (when I was a student and postdoc). I have the I-20 for 2004-2009 (Ph.D.) and the I-797 for 2009- 2010 (H-1B for postdoc) but I can't find my first I-20 for 2003-2004 (the school doesn't have it either). I also don't have any saved I-94 copies from that time. Any suggestions for any alternatives? I will appreciate any advice. Thank you!

Asked on 5/20/13, 5:21 pm

2 Answers from Attorneys

Rebecca White Law Office of Rebecca White
0 users found helpful
0 attorneys agreed

You can file for a replacement I-94, and you can also make a FOIA request for copies of the prior I-20s. However, timing may be an issue, as the RFE due date may approach faster than the response to either the filing for the replacement I-94 or the FOIA for the I-20.

Read more
Answered on 5/20/13, 5:35 pm
Marlene Hemmings Marlene Hemmings, Attorney at Law
0 users found helpful
0 attorneys agreed

The problem with FOIA or replacement I-94 applications are that they take so long to adjudicate & you might not have much time left before you have to respond to the RFE. Copies of admission stamps in your passport or U.S. visas might help.

I would speak with the DSO at the school & see if they can write a letter verifying your status, or see if they have your old file in electronic storage.

Read more
Answered on 5/21/13, 11:18 am

Related Questions & Answers

More Immigration Law questions and answers in New York

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now