Can we get copy of that from CBP applying via FOIA and how long does it take? 6 Answers as of June 06, 2013

I live in NV and am going to submit petition for my stepmother as immediate relative. She is already in the US but her last I-94 issued back in 2007 is missing along with her passport. Can we get copy of that from CBP applying via FOIA and how long does it take? The point is that I want her to adjust status without leaving the US.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It will take a VERY long time for the FOIA request. If you can submit a I-102 for the replacement I-94 first and also gather as much secondary evidence of her lawful entry to the US in 2007, you might be OK.
Answer Applies to: California
Replied: 6/6/2013
Law Office of Adebola Asekun | Adebola O. Asekun
In practice, a regular FOIA request (non-track III) may take anywhere from 12 to 18 months and so, you should consider alternative sources such as a Form I-102.
Answer Applies to: New York
Replied: 6/6/2013
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
You can apply for a copy of i-94. Form i-102. You cannot petition a step mother unless she married your father when you were under 18 years if age.
Answer Applies to: California
Replied: 6/6/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You should apply for replacement I-94 by filing Form I-102 with USCIS.
Answer Applies to: California
Replied: 6/6/2013
Roberts Immigration Law Office, Ltd. | Susan M. Roberts
FOIA requests, while easy to submit, take a long time and often have many items omitted from them. I do not know if the FOIA response will contain this item. However, you can file Form I-102 with USCIS to obtain a copy of her I-94 card.? Simply answer the questions on the form, and file it with the required evidence outlined in the instructions.
Answer Applies to: Minnesota
Replied: 6/6/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You need to request USCIS issue a replacement I-94. This is not done through a FOIA request to CBP, but rather by filing the specific form that requests a replacement I-94. This will provide her with a duplicate original. The process can take several months depending upon how much information you provide and what service center handles your request. You would be best advised to meet with an experienced immigration attorney prior to filing to ensure you can petition for your stepmother.
    Answer Applies to: New York
    Replied: 6/6/2013
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