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Gaining legal status w/o an I-94....PLEASE HELP

Jamaica, NY |

i came into the US illegally when i was about 3 yrs old from Jamaica, WI. and i do not have an I-94. is there any way to gain residency without leaving the country and without having this document?
Also, I heard that there used to be a law, that expired, which allowed ppl w/o I-94s to just pay a fine and continue with the process. Can someone provide me with more info, on this law? thank you

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Attorney answers 2

Best Answer

The second question is really the answer to your first - being eligible for that law is the only way I can see for you to become legal. The law was called "245(i)"

To be eligible for that law, you would need to have had some sort of green card case filed for you (or maybe for a parent naming you as a dependent) that was filed BEFORE April 30, 2001, and that case would have needed to be approvable at the time it was filed (even if it was never actually approved).

Not sure when you first got here, how old you are now, or whether anything was ever filed - so speak with a lawyer to get more details.


I believe what you are referring to is often called 245(i). 245(i) permits an alien to adjust their status, even if they entered the U.S. without inspection. However, in order to qualify under 245(i), you need to have been in the U.S. before the cut-off date, of Dec. 2000 and also be the beneficiary of an immigrant visa petition.

Unless you can meet these requirements, an alien who enters without inspection (EWI) cannot adjust their status while in the U.S. and must return to their country of origin.

Now in your case, are you the derivative beneficiary of a visa petition, your parent's, grandparents? When did you enter the U.S.

You should consult with an immigration attorney who can look at the facts in your case and give you accurate advice and counsel.

Stanley Dale Radtke, Esq.
220 Montgomery Street,Suite 416
San Francisco, CA 94104