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EWI by USCIS mistake

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  • EWI by USCIS mistake

    How can you prove to USCIS that you entered with inspection back in the 80's since the person was a temporary resident (no I-94 required) and was traveling back from Mex without a passport (not required at the time) they are denying adjustment of status based on an EWI claim. They have also rejected the affidavits submitted as proof. Help!!!!!

  • #2
    How can you prove to USCIS that you entered with inspection back in the 80's since the person was a temporary resident (no I-94 required) and was traveling back from Mex without a passport (not required at the time) they are denying adjustment of status based on an EWI claim. They have also rejected the affidavits submitted as proof. Help!!!!!

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    • #3
      in this situation DHS puts the burden on immigrant to prove he/she entered legally. There is a law which says if non us citizen or green card holder pass thru border without visa being checked by border officer that consider legal entry. Even that person does not get his/her passport stamped and get I-94. Previously, or pre 911, many times border patrol did not check visas. Normally they asked any thing to declare and let the person go.
      In your situation, ur case will go to INS judge and lets say u r living in USA since 1980 and never went out of USA. U will need proof like bank account, rent or ownership of home/apt, letter from community members like religious places u went in the past etc etc

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      • #4
        thanks for your reply. You are right. I will look into gathering evidence of physical presence in the U.S

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        • #5
          It's always the Mexicans, the Haitians, the Hindus, the Colombians...

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          • #6
            I agree. It is very depressing to know that you have to deal with such lazy people. As per your case, I think it is always worth trying to present an educated argument. Thank you very much for your reply and good luck!!

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