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I-102 required or not?

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  • I-102 required or not?

    Hi,

    If I have a student's status and a new I-94 with a validation date >D/S< and I sent an original I-94 to DHS along with form I-539 to have my status changed, do I need to submit form I-102 with a package of I-485/I-130/I-765 or I simply use the new I-94? My attorney was confused and was not sure what to do.

    Thanks for your input.

  • #2
    Hi,

    If I have a student's status and a new I-94 with a validation date &gt;D/S&lt; and I sent an original I-94 to DHS along with form I-539 to have my status changed, do I need to submit form I-102 with a package of I-485/I-130/I-765 or I simply use the new I-94? My attorney was confused and was not sure what to do.

    Thanks for your input.

    Comment


    • #3
      And you haven't kept even a single copy of your very first I-94 before sending out the original? Proof of legal entry is a must when it comes to family petitions (except when a 245(i) benefit is claimed). Your current one with D/S validity won't do. So filing of Form I-102 might be necessary.

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      • #4
        I have a copy of the very first I-94 however the original was required when I changed status to F1. DHS sent me a request for evidence where it was written that they needed an original I-94 (I sent them a copy with I-539). So I sent an original and my new status was approved. Now the attorney says that I have to have an original I-94 (the very first one). Today I also went to a different attorney who told me that if I have a new I-94 I don't have to have an old one because it is the same number and they see my immigration history in their computer when they press my I-94 number. He said he had a lot of clients who extended their visas or changed their status and there was not a problem if they submitted a copy of a new I-94. What do you think about it?

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        • #5
          If you will look back to my previous post, that's the reason why I asked you if you had a photocopy of your very first I-94, because a copy will be accepted as proof of your legal entry. I disagree with your first lawyer that you need the original, and I disagree with the second lawyer that your 'subsequent' I-94 with D/S validity will do either. I don't agree that USCIS will lift a finger to check your initial entry based on that. And by the way USCIS does 'not' always keep the same I-94 number for an alien when changing from one nonimmigrant status to the next. Most of the time, but not always.

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