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Guidance on I-94 replacement process.

New York, NY |

Hello, I need some legal help on my immigration matter. My situation is: I'm about to get married to a US citizen; I have overstayed my tourist visa; I still have my original passport with an entry stamp; and I have lost my I-94 card. Therefore, my questions are: 1) is it advisable to submit an I-102 for a replacement card or would a passport entry stamp suffice; 2) would I need the guidance of a lawyer to complete the I-102 form; and 3) would I be placing myself at risk with the ICE if I do submit the I-102 form. Thank you very much in advance.

Attorney Answers 4


If you are getting married to a U.S. citizen in good faith (i.e. to build a life together), forget the I-102. Hire a good immigration lawyer to help with the family petition and application for permanent resident status.

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You should have an attorney assist you with the filing of the I-102. The key to a green card through a US citizen is that you must be able to prove lawful entry into the US. Without proof of your legal entry you could be placed in removal proceedings. My best advice is to hire an immigration attorney.

Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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I agree with my colleague. Being out of status, it is advisable to consult with an experienced immigration attorney who can examine the facts of your case and provide you with a legal opinion. Until you gain a form of legal status, you are opening yourself up to being placed in removal proceedings. Good luck.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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you do not need I-102,just file your adjustment application.

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