i-94 expired & sent back to Mexico, Immigrant overstayed, now will marry US Citizen

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zonryza

Registered Users (C)
Hello. Please, someone who KNOWS, help me with this question. I have a friend. He is Mexican. He came here on a Visa. The US Embassy gave him a 6 month i-94, and when he came to the USA, he overstayed, but sent his i-94 back to Mexico in time to make it look like he "returned on time". But, he's still here. Anyway, it's been 4 years, and now he's engaged to be married to a US Citizen. Some attorneys have told him that he can file for Perm. Residency here without having to go back, others tell him that the fact that he sent his i-94 back without *physically* returning is fraud, and he'll need to go back to Mexico, and yet other attorneys tell him that he *can* stay in the USA, but they'll need to file a 212-H waiver of fraud in Immigration Court (What?????) Anyway, can someone tell me what can hypothetically happen to my friend when his future US Citizen wife petitions for him? Thanks
 
This sounds like quite a complicated case... including fraud, he will need an attorney for sure.

If he had NOT send the i-94 back, everthing would be fine... his overstay WOULD have been forgiven. He could have filed for his GC without having to leave the USA and everything would be done.

But now, he has committed fraud and he supposedly left the USA, so he can not prove he re-entered legally, which means he can not adjust his status inside the USA. And, if he leaves the USA he will very likely be subject to a 10 year ban.
 
Immigration fraud results in a lifetime ban. The 10 year ban is the least of his worries. He is simply inadmissible.
 
Please help me with this question too.
I came in the usa on a 5 yr visa but overstayed it in july 2005. My mother who's a us citizen applied for me in dec 2001 for over 21 unmarried daughter (8 months after the 245 i law). Everything is fine with the process but I'm scheduled for an interview in january so I'm worried cause my I 94 expired. What can happen at the interview. Will I need a Lawyer to go with me?
 
tikyut said:
Please help me with this question too.
I came in the usa on a 5 yr visa but overstayed it in july 2005. My mother who's a us citizen applied for me in dec 2001 for over 21 unmarried daughter (8 months after the 245 i law). Everything is fine with the process but I'm scheduled for an interview in january so I'm worried cause my I 94 expired. What can happen at the interview. Will I need a Lawyer to go with me?
Click to expand...

If you are NOT covered by 245(i) then you CAN NOT adjust your status.
 
PraetorianXI said:
If you are NOT covered by 245(i) then you CAN NOT adjust your status.
Click to expand...

He's adjusting on the basis of marriage to a US citizen, and was legally admitted to the US. If he hadn't screwed around with I-94 he'd be eligible to adjust.

His problem isn't the overstay, it's the fraud.
 
two questions got mixed up.
In the case of the 2nd one, s/he cannot adjust during overstay as s/he was sposored by USC mother after 245(i) expiration.
The 1st one got a problem with fraudulent behavior.
 
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TheRealCanadian said:
He's adjusting on the basis of marriage to a US citizen, and was legally admitted to the US. If he hadn't screwed around with I-94 he'd be eligible to adjust.

His problem isn't the overstay, it's the fraud.
Click to expand...

I was responding to the other poster, the one outside of 245(i) coverage, whose USC mom filed for...
 
Thanks for responding. Sorry if I got some of you confused but since this thread was the only one regarding expired I94 and overstayed I thought why not ask my question there.

If I cannot adjust my status will this mean they will deny me at the interview? If so what are my options?
 
tikyut said:
Thanks for responding. Sorry if I got some of you confused but since this thread was the only one regarding expired I94 and overstayed I thought why not ask my question there.

If I cannot adjust my status will this mean they will deny me at the interview? If so what are my options?
Click to expand...

There are PLENTY of threads out there, you need to "Search" for them.

You are not eligible to adjust your status inside the USA. Consult an immigration lawyer, there may be a way to file for a waiver (i-601 perhaps) but chances are very slim of obtaining one.

Leave the country and pay the penalty for overstaying, 10 years, then come back with an immigrant visa. OR marry an US Citizen.
 
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tikyut said:
Please help me with this question too.
I came in the usa on a 5 yr visa but overstayed it in july 2005. My mother who's a us citizen applied for me in dec 2001 for over 21 unmarried daughter (8 months after the 245 i law). Everything is fine with the process but I'm scheduled for an interview in january so I'm worried cause my I 94 expired. What can happen at the interview. Will I need a Lawyer to go with me?
Click to expand...

Hi

If you came into US on a proper VISA you can stay and get your PR based on marrying a USC. So if you came in legally do not worry......you can adjust your status.....

If you stay in US and dont go out you should be fine but if you leave the country and get banned for 10 years for over staying its a problem

JUST AN ADVICE NOT LEGAL ADVICE as I am not a attorney

Thanks
 
Hi. A little while back several of you responded a question that i posted about a friend of mine who married a US Citizen. He entered in the USA from Mexico with a VISA but he sent back the i-94 back, and you said that he might have problems because technically, by sending back the I-94, he suggests that he "returned" to Mexico. Ok, well...I understand your answer, since you say that it will be very hard to prove that he never left the USA, but then the fact that he sent back the I-94 would constitute fraud. I contacted an attorney, and he said the very same thing that you said. However, he said that if this guy just shows his passport with the VISA in it, but tells the attorney that he lost his i-94, and that he doesn't have it, and HOPES that the USCIS functionary doesn't find out his I-94 was stamped as "returned" then he could have a pretty good chance at adjusting here. So, since you seem to know about these things, I'd like to ask you: What do you think about that opinion? If this guy went on the interview and simply showed his passport with the VISA, but no I-94....what are the chances that that would work? I hope you can reply !! Thanks!!
 
Hi. A little while back you responded a question that i posted about a friend of mine who married a US Citizen. He entered in the USA from Mexico with a VISA but he sent back the i-94 back, and you said that he might have problems because technically, by sending back the I-94, he suggests that he "returned" to Mexico. Ok, well...I understand your answer, since you say that it will be very hard to prove that he never left the USA, but then the fact that he sent back the I-94 would constitute fraud. I contacted an attorney, and he said the very same thing that you said. However, he said that if this guy just shows his passport with the VISA in it, but tells the attorney that he lost his i-94, and that he doesn't have it, and HOPES that the USCIS functionary doesn't find out his I-94 was stamped as "returned" then he could have a pretty good chance at adjusting here. So, since you seem to know about these things, I'd like to ask you: What do you think about that opinion? If this guy went on the interview and simply showed his passport with the VISA, but no I-94....what are the chances that that would work? I hope you can reply !! Thanks!!
 
a person must have I-94 at the interview. A person must submit a copy of I-94 with the AOS paperwork. "Going to the interview and saying that he lost it" is just not the way it works.
He can try to apply for I-94 replacement.
 
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