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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?

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

Posted

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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

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.khurgel.com -- Contact information below. Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: www.khurgel.com / Email: info@khurgel.com / *Attorney Khurgel is a former USCIS and Department of State Embassy Officer.

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Asker

Posted

I was told by local attorneys that I will not be allow/approve AOS without I-94.. but they also didn't seem to want to file I-102 they said it was a long shot to find any records and/or I could be deported if denied. Thanks

Jeff L. Khurgel

Jeff L. Khurgel

Posted

While the I-94 is the best proof of a lawful entry, other evidence of a lawful entry is sometimes acceptable. Whether filing for an I-102 makes sense or not depends on the specifics of how you entered the U.S. (how/where and what type of visa). I have never heard of anyone being placed into removal proceedings for filing an I-102. Also a CBP records request might yield proof of the entry. It sounds like you haven't been getting good advice thus far. Click on the profile of an immigration attorney here for further contact details--most of us are available via phone and Skype. Best of luck. Jeff Khurgel www.khurgel.com (949) 509-6515

Posted

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 a casual opinion expressed about a hypothetical situation.

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Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

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 Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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Asker

Posted

thank you for your help, I received an answer from FOIA by CBP but I do not understand it "Your request for Expedited Processing for the FOIA request CBP-2013-024118 has been denied. Additional details for this request are as follows: Request Created on: 07/24/2013 Expedited Disposition Reason: You did not indicated an imminent threat to the life or physical safety of an individual, you are not a person primarily engaged in disseminating information to the public, and you did not indicate any urgency to inform the public about an actual or alleged federal government activity." what does it mean and why would they say anything about expedite?? thanks again and if you can help me I would really appreciate it!

Michael Hugh Carlin

Michael Hugh Carlin

Posted

It simply means that CBP will not process your FOIA request faster than all the other FOIA requests they receive. CBP will continue to process your FOIA request, but it will take more time.

Asker

Posted

Thank you.

Posted

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 is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

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 informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.

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Posted

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 attorney before making a decision that could adversely affect your rights.

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Posted

I've met with local attorneys and (out of state) phone consultations and and they all seem to want to go straight for I-601/a simply because they think that no record will be found of my entry 23 years ago.. so should I file for I-102 first or along with petition I-130? (i file FOIA form G-639, FBI and State Background check with no results, waiting on FOIA by CBP results as well).

Thomas Joseph Baker

Thomas Joseph Baker

Posted

You can file the I-130 whenever you would like. All that form is doing is proving the relationship. The crossing record is for your ability to adjust your status. Exhaust your options before thinking about doing the 601, it will cost more in attorneys fees, and is less of a guarantee to get over simply adjusting your status.

Asker

Posted

Thank You!!

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