Legal Question in Immigration Law in Florida

Adjusting status with the I-94 lost

I entered as visitor with a 10 years valid visa (6 months legal stay). During the 4th month I lost my passport with the form I-94, at that moment I didn't plan to stay, so the only thing I did was to get a new passport to travel and eventually go back to my country. But I didn't leave and 17 months after my entry I got married. Now I want to adjust my status and I don�t know if without the I-94 number, immigration is going to process my case, what should I write when they request that number? Should I send the form I-102 and wait for the answer or start the I-485 now? Should I go to my country and go back to get a new I-94? Finally, I arrived at NY now I live in FL, to which immigration center Should I mail the form I-209 if that is the rigth step to follow? Thanks.


Asked on 12/11/03, 6:51 am

2 Answers from Attorneys
Hamel Vyas Bagia&Associates

Re: Adjusting status with the I-94 lost

You are right in obtaining your I-94 number through the I-102. You should also be aware that if you have been in the US and out of status for over one year and you depart the US you are barred from returning for 10 years unless you have a waiver. You should consult with a lawyer to strategize to ensure you do not jeopardize your case. Good luck!

Hamel Vyas, Esquire

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Answered on 12/11/03, 9:54 am
Richard Alvoid Richard Alvoid, PA

Re: Adjusting status with the I-94 lost

You should file to I-102 with Texas since you reside in FL. The CIS will not usually accept an adjustment of status app without proof of entry.

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Thanks

Richard Alvoid

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Answered on 12/11/03, 2:32 pm


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