Tom was a fulltime international student with a valid I-20 and expired visa. He accidentally drove to Mexico because he missed the last exit of US. He did not bring any documents with him except the driver license. On the way back, he was inspected by the officer. After that, he was waived for the fee and they issued him a new I-94 with with an expiration date. Then he entered US. After his school done, he applied for OPT and knew that he got a wrong I94. It was supposed to be written "DS" on the I94. He got it fixed and was granted an EAD card for his OPT.
Question: Is he considered like enter US without valid document even he is still in status? Will it be difficult when he apply for adjust of status by his wife?
Consult with competent counsel and ask about the applicability of the following precedent decisions from the Board of Immigration Appeals: Matter of Quilantan and Matter of Areguillin ; a thorough and careful consultation with excellent immigration attorney is necessary to determine the answer after a full review of all the fact. Get help now.
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I agree with the colleague, Matter of Graciela QUILANTAN is a good decision to get familiar with in the context.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Tom has been lawfully and validly admitted to the USA with a valid new I-94 having been issued to him. Tom will have no difficulty whatsoever proving lawful admission when applying for I-485 adjustment of status based on marriage to his, I assume, US citizen wife.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. 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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