What if someone has been in the country since Sept. 1997, she came to the states with a visitor visas. Now it is expired.

Her dad just became a US citizen and her boyfriend is a US citizen too.

Now she tried to apply for her green card through her dad, but the attorney said that it will be difficult since she does not have a copy of her I-94 and it is expired.

Their suggestions have been for her to go back to her country and tried to come here on a visitor visas again, which is not guarantee at all.

So what can she do or the best way to go about this situation.

Thanks.

how old is she? how old was she when her dad naturalized?

What a bad attorney. Did he really say that? Completely wrong. She can adjust status. Leaving the country would trigger a 10 year bar from reentering.

She is 24 years and that is when her dad become a US Citizen.

Now how would she be able to adjust status and what would be the requirements.

Is that safe?

uscis.gov has the AOS form; you will have to prove she was inspected at border though; maybe they keep records. I don't know how these people think. They lose important records. How to understand.

24 is too old for the father to apply; she has to have her husband apply, Its forms I-130 and I-485.

Ok. Now she would have to request her paperworks from immigration like a copy of the I-94, right?

Now what about if she has the passport that she came in with the Visas in it and stamp. Would that work?

What about when i request information from immigration about her records and she is on a deportation list, would that affect her the process badly?

Do You know the forms number and name?

Thanks for your prompt answers too.

quote:

Originally posted by Jean Riccardo Rodney:
Ok. Now she would have to request her paperworks from immigration like a copy of the I-94, right?

Now what about if she has the passport that she came in with the Visas in it and stamp. Would that work?

What about when i request information from immigration about her records and she is on a deportation list, would that affect her the process badly?

Do You know the forms number and name?

Thanks for your prompt answers too.

Yea the passport and visa is enough I imagine. I am sure she is not on any deportation list. I doubt one even exists.

OK, dad can petition for her but she can't adjust status in the USA as she has no status now. Getting an immigrant visa in her home country will also mean getting a waiver for 10 year ban (due to overstay) approved. (How come she wasn't included in a paperwork when her father was becoming GC holder?)

Her fiance can petition her but only after they get married. As a spouse of USC, she can adjust status in the USA even though she has overstayed..
Main forms: I-130, I-485, I-864, I-756, + see the instructions for other requirements.

The reason that she was not included in the petition when her dad was filing for his other children is as follow:

The dad's lawyer at the time said it would be best not to include her in the GC petition at that since it could have delayed or cause problems, because her dad and his wife and children were included in the petition, since she was the wife's child, the lawyer advised the dad to wait when he is a US Citizen to apply for her.

Which i think was a very stupid idea.

I am sorry about the above statement. there were some mistakes.

Her dad is married with chidren. Her dad had her with another woman.
So since she was not the wife's child, the lawyer advised his dad not to include her in the petition, in order to avoid delay.

Get rid of the lawyer. He's a moron.

For now, it looks like the dad scenario is what we will attempt for now.

Based on what was said, it looks like that she would need to adjust her status, by proving that she came her legally.

So she was affraid to apply for the I-94 replacement, because she thinks they might come after her or inquire about her in a way that can bring trouble to her.

What do you think of that?

If she tries to apply under the dad it won't work. She has aged out already. At least to do it while in country. When and if she leaves she will incur an automatic 10 year ban on re-entry. Due to overstay of visa for more than a year and being over 18. Even if not she would be under 2b preference which is about an 8 year wait.

Since she is not married the option of spouse application is out too.

If she leaves and tries a visitor visa she will get caught since the system will discover the prior I-94 and her departure will be recorded. The ban will be triggered either way if she leaves.

So what are the options left to do now?
Her dad is a US citizen...

For her there is only one option in order to avoid having to leave. Marry the boyfriend. An AOS is possible under those conditions.

Oh ok.. Good.. So there would be no issue at all... regarding her ineligibilty ...

aight...

Only two options, get married or go home.

I am back again, because i am encounterign some issues with this case.

We requested the I-94, for some reasons the paperwork got lost, now we have to pay again to try to request that I-94 again.

She came in the country in 1997, will they have a copy of that I-94 on file and if they do not, what would happen. Because this is getting irritating.

They said even if she gets married she would still need that I-94.

So there is no way around this.

I think i need a good lawyer, a referral.
I am frustrated with this issue.

Not that big a deal. File a I-102 requesting a copy of the I-94.