Missing I-94 and Proving Lawful Admission

INA §245(a) requires the entry event, not a particular document

Ordinary adjustment under INA §245(a) generally requires the applicant to establish that the person was inspected and admitted or paroled into the United States.

The statute does not state that eligibility depends on possessing Form I-94.

See Inspected and Admitted for Adjustment of Status.

Retrieve the electronic I-94 first

CBP automated much of the I-94 process for air and sea arrivals beginning in 2013. Many travelers therefore do not receive a paper I-94 even though an electronic arrival record exists.

The CBP I-94 system can provide the traveler's most recent electronic I-94 where the record is available.

The record can show:

• I-94 number;
• Name;
• Date of birth;
• Class of admission;
• Date of admission; and
• Admit-until date.

CBP travel history is useful but has limits

CBP's online travel-history function can help identify recorded arrivals and departures.

Current CBP materials describe the online travel-history function as returning approximately ten years of travel history.

For an adjustment case depending on an older admission, additional DHS records may therefore be necessary.

Form I-102 for a missing or incorrect I-94

USCIS Form I-102 is the Application for Replacement/Initial Nonimmigrant Arrival-Departure Document.

Current USCIS instructions permit eligible applicants to use Form I-102 in circumstances including:

• A lost Form I-94;
• A stolen Form I-94;
• A mutilated or destroyed I-94;
• Certain admissions where an initial I-94 was not issued;
• An incorrect I-94; and
• Certain lost USCIS-issued I-94 records following extension or change of status.

Use the Complete Entry Evidence Record

After checking the electronic I-94, available travel history and whether Form I-102 is appropriate, the applicant should review the complete entry record rather than relying on one missing document.

Potential sources can include passports, admission stamps, CBP records, prior USCIS filings, immigration court records, Department of State records and credible corroborating evidence.

This page focuses on solving the specific problem of a missing, unavailable or unissued I-94. For the complete hierarchy of entry evidence and detailed discussion of passport stamps, visas, CBP records, FOIA, parole documents and secondary evidence, see I-94, Passport Stamp, and Entry Evidence.

Missing I-94 in a wave-through case

A classic Matter of Quilantan case may involve no I-94 at all.

The issue is whether:

1. The person physically presented at an official port of entry;
2. An immigration officer had the person or vehicle before the inspection process;
3. The officer permitted the person to proceed; and
4. The claimed event is credible and proven.

See Wave-Through Admission and Matter of Quilantan.

Older land-border admissions

Historical land-border entries can be especially difficult to document.

Depending on the period, nationality, type of travel, intended duration, and border procedure, an individual traveler may not have received the same documentation commonly associated with an airport admission.

A detailed factual reconstruction should address:

• Port of entry;
• Date or approximate date;
• Vehicle or mode of travel;
• Driver;
• Other passengers;
• Documents presented;
• Officer interaction;
• Whether the vehicle stopped;
• How permission to proceed was communicated; and
• What contemporaneous records exist after entry.

What if another immigration record says EWI?

A missing-document case becomes materially harder when an earlier government record affirmatively states that the person entered without inspection.

Examples include:

• Form I-213;
• Sworn CBP statement;
• Prior Form I-485;
• Asylum application;
• Immigration-court pleading;
• Reinstatement paperwork;
• Prior attorney filing; or
• USCIS decision.

The applicant bears the burden of proving adjustment eligibility

An adjustment applicant generally bears the burden of establishing eligibility for the benefit requested.

When the case depends on a disputed admission, USCIS may assess the credibility and weight of:

• Applicant testimony;
• Witness statements;
• Government records;
• Contemporaneous documents;
• Prior inconsistent statements; and
• The overall plausibility of the claimed immigration history.

Responding to an RFE or NOID about admission

If USCIS challenges the admission, the response should identify precisely what is disputed.

A structured response can address:

1. The statutory standard under INA §245(a);
2. The claimed date, location, and manner of entry;
3. Primary documentary evidence;
4. Secondary corroborating evidence;
5. Any missing-record explanation;
6. Any inconsistent prior records;
7. Applicable precedent such as Quilantan; and
8. Why the complete record satisfies the applicant's burden.

See I-485 Denials, RFEs & NOIDs.

Missing evidence of parole

The same evidentiary problem can arise when the applicant claims parole rather than admission.

Evidence may include:

• Parole I-94;
• Passport notation;
• Advance parole document;
• CBP record;
• USCIS parole approval;
• Parole-in-place documentation; and
• Other DHS records identifying the statutory parole authority.

See Parole and Adjustment of Status.

Practical evidence strategy before filing Form I-485

When the entire adjustment case depends on an undocumented admission, reconstruct the entry before filing whenever possible.

A useful sequence is:

1. Retrieve the electronic I-94;
2. Retrieve available CBP travel history;
3. Locate all passports;
4. Review prior immigration filings;
5. Obtain relevant DHS or EOIR records;
6. Determine whether Form I-102 is appropriate;
7. Identify firsthand witnesses;
8. Collect independent contemporaneous records;
9. Resolve inconsistent entry statements; and
10. Prepare a detailed chronology of every entry and departure.

Frequently asked questions