Legal Question in Immigration Law in California

What evidence might be accepted by USCIS as a proof of my lawful admission into the US, if I did not receive an I-94 or a stamp in my Canadian passport ? I am applying for adjustment of status.


Asked on 2/12/10, 3:49 pm

1 Answer from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

No additional documentation should not be necessary and there is none available from the government. There is law that specifies Canadians are not required to have a visa and that I-94s are not always issued upon entry for Canadian visitors. In fact, mostly I-94s are not issued for Canadian visitors and the only time they are issued for such folks is when the Customs & Border Protection inspectors suspect the person wants to stay longer than they're saying and they give them less than the default time for Canadians, which is six months. On occasion you will see a Canadian visitor with an I-94 permitted to remain in the U.S. for a very short time, something like a month.

I would prepare a letter to the government with citation to the law. I would additionally provide proof of your entry by various documentation to support the fact of when you actually entered. These two things together should take care of it.

The above is general information. It is not legal advice. It does not form an attorney client relationship. For further information, please call me at 818 609 1953 or write me at [email protected].

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

Best regards,

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Answered on 2/18/10, 9:52 am


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