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.
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.
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.
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