Should we file for I-130 as I'm waiting for CBP/ FOIA record of lawful entry, to be able to Adjust Status instead of 601 route?

Asked 11 months ago - Orangevale, CA

Hi, I came in country as a teen with B1 visa, overstayed and never returned to my country since 1990. Lost visa/passport and never replaced it and now I'm able to adjust status through marriage to a USC been married for 8 years now.. Having record of lawful entry will make my case much easier than having to go through 601 waiver? what should I do?

Attorney answers (8)

  1. Jeff L. Khurgel

    Pro

    Contributor Level 19

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    Answered . You need a confidential discussion with a licensed and experienced attorney. Most of us are available by phone and Skype. He or she will be able to give you time estimates for the federal records, as well as discussion whether an I-102 or other proof of admission are relevant. Route I-601 is not the preferred highway.

    Immigration Attorney Jeff Khurgel* Assists Clients in all 50 States -- Call or email for a Consultation -- www.... more
  2. Paul M. Ruby

    Contributor Level 13

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    Answered . Call a lawyer who handles these things. Seeking a 601 waiver is rarely ideal.

    This is not legal advice and no attorney-client relationship has been formed, now or in the future. This is just... more
  3. Michael Hugh Carlin

    Contributor Level 18

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    Answered . Your situation would be significantly easier and more secure if you were able to obtain proof of your valid entry to the US. You could do a FOIA request to CBP specifically requesting the I-94 documentation for your entry, and/or other documents/testimony to establish your lawful entry. The alternative, an I-601A or I-601 waiver, is more complicated and is often difficult to win.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  4. J Charles Ferrari

    Contributor Level 20

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    chosen by asker

    Answered . You need to file form I-102.

    The Court of Appeals for the Fifth Circuit has stated that "federal immigration laws are exceedingly complex"

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20

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    Answered . From what you described the process will take two different routes:
    1. If you retrieve under FOIA your record of lawful entry you will not need a 601 Waiver and will be able to adjust without leaving the U.S. once you receive the proof of the lawful entry in 1990.
    2. Since you assert that you have arrived legally, I-601 with the Consular processing is not the route for your situation.
    Please discuss further in person with an immigration counsel.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  6. Arturo Angel Burga

    Pro

    Contributor Level 10

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    Answered . You should just file for an I-102 which can provide you your record of entry (Copy of I-94). Have an attorney help you with the form because it requires some detail information.

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more
  7. Thomas Joseph Baker

    Contributor Level 13

    5

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    Answered . As suggested, don't even think about the I-601/601a. Compared to your other option of adjusting status it is much more risky.

    I would look into obtaining a consultation from a local immigration attorney about all of your options, the risks, and the best way to accomplish your goals.

    Be wary of notaries, and consultants,.

    Thomas J. Baker
    Sacramento Immigration Attorney
    Http://www.wigonlaw.com
    916-447-8975

    Law Office of Daniel M. Wigon - 916-447-8975. This should not be taken as legal advice. Consult with a local... more
  8. F. J. Capriotti III

    Contributor Level 20

    6

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    Answered . You should meet with an attorney ... you shouldn't spend even 10 seconds considering the I-601A.

    The I-102 is needed ... as is having an attorney review your history in the US.

    He/she will ask questions such as: Have you ever marked the "US Citizen" box on an I-9 form. Have you ever registered to vote.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more

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