My sister is a USC and her husbands approved for his I-130 but after waiting 1 year for approval while wife was with kids in united states, they decided it was too long and he came to united states through Canada. They did not stamp/scan passport when he crossed with my sister,him and kids but looked at passports at crossing. They recently went to lawyer for help. He suggested that is was best to file I-485 while in united states instead of going back since he overstayed and could create issue. I filled out his I-130 forms and did all my N-600 forms that were approved. Is the I-485 something that a lawyer needs to handle or could it this be filed without much issue. Any things that make it difficult. Any help is appreciated.
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I-130 Approved I-485??
- Thread starter Steve65
- Start date
The I-485 is fine to do it yourself if you're okay with following instructions and putting a decent amount of time into it. It will require a lot of supporting documents. You should get a good checklist or guide and feel free to use online DIY forums if you have questions.
Can you elaborate about how he entered the U.S.? For I-485, he needs to have entered the U.S. legally ("with inspection"), and from what you said, he did enter legally. But you said "They did not stamp/scan passport". If he was a Canadian citizen, that would be fine. But if he was any other nationality, it would be highly unusual and would lead to some complications.
Can you elaborate about how he entered the U.S.? For I-485, he needs to have entered the U.S. legally ("with inspection"), and from what you said, he did enter legally. But you said "They did not stamp/scan passport". If he was a Canadian citizen, that would be fine. But if he was any other nationality, it would be highly unusual and would lead to some complications.
The I-485 is fine to do it yourself if you're okay with following instructions and putting a decent amount of time into it. It will require a lot of supporting documents. You should get a good checklist or guide and feel free to use online DIY forums if you have questions.
Can you elaborate about how he entered the U.S.? For I-485, he needs to have entered the U.S. legally ("with inspection"), and from what you said, he did enter legally. But you said "They did not stamp/scan passport". If he was a Canadian citizen, that would be fine. But if he was any other nationality, it would be highly unusual and would lead to some complications.
He is Canadian. They crossed border by land just before they implemented the change to stamping/scanning. What would he need to show to prove he entered legally or since he is Canadian they figure he crossed legally. I appreciate the reply.
Then I think it's okay. He can just write something like "N/A - Canadian visitor" in the places that asks for I-94 number. If for some reason they disbelieve him, you guys can testify that he came in with you guys. But I don't think it would come up because there is not much reason for a Canadian citizen to enter the U.S. illegally, since they can enter legally so easily.
Also I want to mention that, technically, since he is a Canadian visitor who didn't get an I-94 on entry, he does not automatically accrue unlawful presence when he overstays (he can only start to accrue it if USCIS or an immigration judge explicitly rules him to be out of status). No unlawful presence means no unlawful presence ban. But it's kind of a technicality and I wouldn't depend on a visa officer or immigration officer to apply the rule correctly.