Entered the country legally, but overstayed my visa, expired in 2011. will be applying to change status as son is now US citizen. Should I send form I-102 to replace I-94 card as I lost it, now, or together with application to change status? What should I answer on question 10 Part 1 on the I-102 form. Thank you.
it may not be necessary if your passport was stamped at entry, but if not you can go to https://i94.cbp.dhs.gov/I94/request.html, and print a copy if available, then if your answer to both of those returns a negative, then file 102, and in number 10 you put down the status in which you entered in the U.S.
Just to help you clarify. you don't appear to be filing to 'change' your status ... you are probably trying to 'adjust' your status to that of a resident.
Also, the expiration date of the visa stamp in your passport isn't important. The important expiration date is on the I-94.
Yes, you need to file the I-102 as part of the I-130/485/864 package.
Meeting with an attorney would be a super smart thing to do ... even if it is only a consultation, so you can learn the proper process ... many of us do this via Skype.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- 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.
If you have an entry stamp on your passport, you can use that to prove your entry. Otherwise, you can file an I-102 for a replacement form. Because of this issue, you may want to speak to an immigration attorney or hire one to help you so that you don't have any problems.
Attorney Jennifer Ahn's answer is to provide general information only, and should not be construed as legal advice on any subject matter. The content of this answer is not intended to substitute accurate legal advice, which is relevant to all the facts and circumstances of your specific case. This answer does not create an Attorney-Client relationship.
You can submit the FORM I-102 concurrently with your FORMs I-130/I-485 adjustment packet.
Question 10 PART 1 = status at time of entry ....B-1/B-2, etc.
You can submit the I-102 with the I-485, but it sounds like you entered the US many years ago. The chances that USCIS has a copy of your I-94 are slim to none. If they cannot produce a copy, your adjustment of status would likely be denied. You shouldn't file anything, but should consult with an immigration lawyer who has gone through this process before.
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