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  • URGENT/INTERESTING QUESTION or CASE

    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.

  • #2
    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.

    Comment


    • #3
      how old is she? how old was she when her dad naturalized?

      Comment


      • #4
        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.

        Comment


        • #5
          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?

          Comment


          • #6
            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.

            Comment


            • #7
              24 is too old for the father to apply; she has to have her husband apply, Its forms I-130 and I-485.

              Comment


              • #8
                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.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE>


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

                  Comment


                  • #10
                    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.

                    Comment


                    • #11
                      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.

                      Comment


                      • #12
                        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.

                        Comment


                        • #13
                          Get rid of the lawyer. He's a moron.

                          Comment


                          • #14
                            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?

                            Comment


                            • #15
                              So what are the options left to do now?
                              Her dad is a US citizen...

                              Comment



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