How Can We Adjust Immigration Status With a Lost Passport? 3 Answers as of June 28, 2011

My mom's passport was lost en route from her local consulate. It had her current B2 visa and I-94 in it. While we have a copy of the I-94, we do not have a copy of the visa. We want to adjust her status while she is here but do not know if we can because of the lack of a visa copy. Is it required for the paperwork or not (since the only way to replace it is to send her home where we have almost no family and she would be a lone widow)?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The I-94 is proof of legal entry so that should go a long way towards adjustment. See if you can find copies of her airplane ticket, baggage ticket, itinerary, etc or anything else that connects her to a flight to the US to bolster your claim of legal entry. I am sure you've looked for copies of her passport and could not find any or simply never made such copies. I think you will be fine with a new passport, a police report of some kind indicating the loss of the passport she used and the I-94. The problem I am foreseeing is minor but it bears bringing up: usually I-94's are kept together with and stapled to the passport, how convenient is it to have the I-94 and not the passport itself? That is what she will face, but I will not fret too much about it since the portion of the I-94 that remains with USCIS contains her name, date of birth, passport number, flight number and airline etc. So, go on and adjust. Good luck!
Answer Applies to: California
Replied: 6/28/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
DHS wants to see that she had a lawful entry so the I-94 is good for that purpose. She will need to obtain a new passport from the consulate in the US. In terms of the lost passport, you will want to contact that consulate via email to request verification that they did indeed issue her the visa, they may be able to confirm that for you. Without this, it will probably cause delay (because they really like to see the passport used at entry) but is not a bar to adjustment, in particular if her I-94 card verifies her entry visa status.
Answer Applies to: California
Replied: 6/28/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
The I-94 by itself should suffice.
Answer Applies to: Florida
Replied: 6/27/2011
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