filing for spouse with lost passport

[bolarola]

What is the name of your state (only U.S. law)? IL
Hi. I am a US citizen, i got married to an illegal immigrant. My spouse came to the US legally in 2000, when he was 16 years old. He landed in New York and took the bus to Chicago the same day, however, the person that helped him got on the bus stole his passport. he didn't inform the police because he did not know he's supposed to and he was instructed not to talk to anybody or else he will be deported. Now he has a new passport with no visa on it. how can i go about helping him get green card without him going back to his country.

 

[bolarola]

What is the name of your state (only U.S. law)? IL
Hi. I am a US citizen, i got married to an illegal immigrant. My spouse came to the US legally in 2000, when he was 16 years old. He landed in New York and took the bus to Chicago the same day, however, the person that helped him got on the bus stole his passport. he didn't inform the police because he did not know he's supposed to and he was instructed not to talk to anybody or else he will be deported. Now he has a new passport with no visa on it. how can i go about helping him get green card without him going back to his country.

 

[ImmigAttyLana]

He needs to be able to prove a lawful entry so that may mean applying to get a duplicate I-94 (if the record is still accessible) because without it, he will not be able to apply for a green card within the US.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[bolarola]

thanks for your response. how do we go about getting a duplicate copy of the I-94. Does it matter that he's visa would have expire along time ago. he didn't know how many months his visitation was since he was a kid when he came to the state. if we can get a duplicate copy of the I-94, will i be able to file for him without him going to his country. Or should I just wait i see of Bush will sign any amnesty. I'm confused and scared. I just had a baby girl and I don't won't to raise her by myself.

 

[ImmigAttyLana]

It does not matter that the visa has also expired since the visa is only needed for entry to the US and not to remain in the US. The I-94 guides one's authorized period of stay in the US. You can apply for the I-94 duplicate copy on form I-102 with the USCIS (see instructions on the website if you are going to do it on your own or if you get an attorney to assist you , he/she will help you with the forms, etc and then the process). You will have to provide as much information as possible regarding the date of entry to facilitate the search for the I-94.

Don't wait for any amnesty as it is not likely to happen in the near future.

 

[bolarola]

thanks again. just a few more questions. should I file for is green card now or should i wait till i received the duplicate I-94. and how will the I-94 helped in the process of obtaining a green card for him.

 

[ImmigAttyLana]

He will not get a green card without the I-94 as PROOF that he entered the US lawfully so it does not make sense to file for the green card until you have a copy of the I-94.

 

[bolarola]

thanks.
1)do you know how long it takes to get the duplicates copy? i'm thinking about filing the form tomorrow
2) should i just file for his green card as soon as I get the I-94 duplicate
3)do i need to add any form with the I-94 when filing for his GC
thanks for your help.

 

[ImmigAttyLana]

1. It could take several months.
2. Yes, you can do that.
3. It is not just the I-94 that you submit for the green card application. It is just ONE of the many forms and documents that you need to submit. If you are not sure of the process, you can read the instructions on the USCIS website if you are going to do it on your own. Or you can retain an immigration attorney to assist you and your husband.

 

[bolarola]

1)doesn't it matter that he overstayed his visitation.
2)I just asked him about the I-94 and he said he did not receive any form at the airport. i honestly don't remember getting any form either at the airport when i came in 2001.
thank you very much for all your responses. they really help

 

[ImmigAttyLana]

NO, it does not matter that he overstayed AS LONG AS he is applying for a green card on the basis of a valid marriage to a US citizen AND he entered the US LAWFULLY! The I-94 is proof of a lawful, inspected entry. If he entered from any country other than Canada lawfully, he would have been issued a I-94 (he would have completed it on the plane on the way to the US and it would have been stamped by an immigration official at the port of entry at the time of presenting his passport and visa and being inspected)

 

[bolarola]

please one more question, we went to a lawyer about a year ago and he told us that they might not have his documents in record since I came in before September 11. He told us that they started keeping records of foreigner that came in after September 11, 2001 and he said we should wait for the amnesty. this is why we did not start the process last year since they will not have any records for him. Is this true or not. thanks for your responses.

 

[bolarola]

please one more question, we went to a lawyer about a year ago and he told us that they might not have his documents in record since I came in before September 11. He told us that they started keeping records of foreigner that came in after September 11, 2001 and he said we should wait for the amnesty. this is why we did not start the process last year since they will not have any records for him. Is this true or not.
thanks for your responses.
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[bolarola]

Hi, I was wondering if you know of any good lawyer in Chicago that could help me with my case. The 3 lawyers that I went to told me that my husband have to go back to his country before I can file for him, even though I told them that he came into the US legally and the only problem is that he overstayed his visitation. thanks
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