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Immigration Issues/Immigration-Lost 1-94


Hello Ms. Eileen,
I have hopefully a simple question. My husband entered here legally in 96 from South Africa on a holiday visa and never returned home. (His intentions) He has since lost the 1-94 in his passport. We married in August of this year and are currently filling out all the appropriate forms for him(I131, G325A, I485, I693, I765) and I(I130, G325A, I864). In one of the forms it asks for the number on the I-94 (lost) do I have to submit a form for a copy of the I-94 he received in 96 or can I attach a copy of his stamp from his passport showing he entered legally along with an explanation of why he does not have the I-94?
I hope I have made sense with my question, If not, I apologize in advance. Thanks a bunch!

Eileen Chun-Fruto, immigration attorney writes:

Dear Samantha,

A passport entry is evidence of his legal entry, but be prepared to undergo some scrutiny at your interview and possibly a rejection of the case altogether.  There is some risk in using the entry stamp alone because the USCIS is really concerned with fraud these days.  Also, your husband is an overstay and that's never a good thing.  

You are right, there are ways to retrieve the I-94 record from USCIS.  You should consider doing so just to be safe.  

Good luck.

Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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