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I lost my I-94 and my wife is filing an I-130 for me... can she file an I-130 without my I-94...

Oak Forest, IL |

im a crewman and I lost my I-94 can my wife file for I-130 petition for me without my I-94? is uscis will look for my I-94 card? or me and my wife can proceed filing without my I-94..

Attorney Answers 4


The I-130 doesn't need you to prove that you are in status so you don't need the I-94. However, if you are concurrently filing for adjustment of status then you will need to prove legal entry, either with a copy of the I-94, or the entry stamp in your passport. You can always file an application with the USCIS for a replacement I-94.

Malathi Benjamin PLC
127 N. Madison Ave, Ste. 211
Pasadena CA 91101
(626) 744 1750

This is not to be regarded as legal advice which can only be properly offered after a careful assessment of your case. Please consult with an experienced immigration attorney.

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She can file an I-130 on your behalf, but as a crewman, you will have to return to your country (and perhaps obtain a provisional waiver) in order to become a permanent resident.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Wife can file for an I-130 for you and you will not need to have the I-94 or prove lawful entry

As a crewman, however, you will not be able to adjust status in the US and will need to depart to do so in your home country. Very few exceptions to that requirement exist. Make sure to consult with an experienced immigration lawyer.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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She can file and you may indicate it was lost.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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