A few questions regarding TPS, AOS, and lost i-94

[LloydMartin505 0]

ok so here is the deal on my case...

 

-My date of last entry was 07/26/2000 shown by the entry stamp on my passport (Attached)

-i was in legal status from that entry date, until 2005 when my Visitor Visa expired.

-I was in overstay from 2005 until 2010 (Atrocious conditions in Haiti, no money for ticket, no home to return to ect)

-I am now currently in status because of TPS (Haiti) from 2010 till now june 2017

-I am now married to a US citizen as of april and will be looking looking to file for AOS. We have all the bona fide marriage proof as w have co habitated for the past 5 years.

 

Now for the questions

1) My i-94 is long lost unfortunately. Is that passport stamp enough for proof of inspection? I have multiple entry stamps from 1998 to 2000 showing that i was inspected each and every time at Miami International airport by a customs officer upon entry. $500 is so much money to request a new one, i would like to proceed without it if possible.

 

2)I am currently in TPS and I have an EAD that will BOTH expire 7/22/2017.  I have all the paperwork complete to send in the AOS. As I understand, I dont have to file for TPS renewal because i will be considered in legal status, and i will be provided a new EAD  as my AOS is being processed and pending. I will also file a new i-765 with the i-130 and i-485. SO I should receive a new EAD and I will be in status. Is this correct? Should I renew TPS and FIle for a new EAD instead of relying on the AOS? 

 

3) Will my overstay be questioned at the AOS interview? How should I answer this if questioned? My intention was never to overstay, as I was 10 years old when we came to the states in july 2000. I am now 27 and i really dont have an explanation, other than the poor dangerous condition in my home country with constant kidnappings, political strife and murders. 

 

Any help or advice at all will be appreciated. This is a very new process to me, and I would like everything to go smoothly so I can put this mess behind me and focus on starting a family. 

Thank you! 

 

[Unlockable 7,315]

17 minutes ago, LloydMartin505 said:

ok so here is the deal on my case...

 

-My date of last entry was 07/26/2000 shown by the entry stamp on my passport (Attached)

-i was in legal status from that entry date, until 2005 when my Visitor Visa expired.

 

Please clarify something. Did you enter on a visitor visa in 2000? If so you were NOT in legal status for 5 years. The longest you can stay in the US is 6 months. 

 

After overstay the alloted time in the US (again, 6 months) you would have incurred a 10 year ban.

 

I'm just confused on the details you provided.

[LloydMartin505 0]

Just now, NuestraUnion said:

Please clarify something. Did you enter on a visitor visa in 2000? If so you were NOT in legal status for 5 years. The longest you can stay in the US is 6 months. 

 

After overstay the alloted time in the US (again, 6 months) you would have incurred a 10 year ban.

 

I'm just confused on the details you provided.

i DID INDEED ENTER ON A  VISITOR VISA IN 2000 (B2). i WAS UNDER THE ASSUMPTION THAT I WOULD BE CONSIDERED HERE LEGALLY UNTIL THE VISITOR VISA EXPIRED. IT SEEMS I WAS MISINFORMED

[Unlockable 7,315]

1 minute ago, LloydMartin505 said:

i DID INDEED ENTER ON A  VISITOR VISA IN 2000 (B2). i WAS UNDER THE ASSUMPTION THAT I WOULD BE CONSIDERED HERE LEGALLY UNTIL THE VISITOR VISA EXPIRED. IT SEEMS I WAS MISINFORMED

OK, then. So the reality is that you were not in legal status during the 5 years afterwards. I am also assuming you worked during that time. Hopefully you did not claim to be a US citizen on any job applications nor voted in any election. Other than that you have a path but it is going to require time, money, and a lot of effort. You will likely need a waiver for the ban you incurred. 

 

Do you have access to a competent immigration lawyer?

[Boiler 45,923]

I do not see the need for a waiver but was also wondering how  I was in legal status from that entry date, until 2005 when my Visitor Visa expired.

[LloydMartin505 0]

Just now, NuestraUnion said:

OK, then. So the reality is that you were not in legal status during the 5 years afterwards. I am also assuming you worked during that time. Hopefully you did not claim to be a US citizen on any job applications nor voted in any election. Other than that you have a path but it is going to require time, money, and a lot of effort. You will likely need a waiver for the ban you incurred. 

 

Do you have access to a competent immigration lawyer?

Sorry for the Caps earlier! 

 

I actually NEVER worked until i got TPS and an EAD. So i guess really i was out of status from 2000 until 2010.

 

Fortunately, I never claimed to be a US citizen on any application. I was able to live here and go to middle school and High school and eventually graduated High school here in the states. I lived with my brother who supported me until i was able to get TPS and get my own life going. 

 

I hear that Overstay is usually forgiven when getting permanent residency through marriage, so i didnt think it was a big deal. now i am a little worried.

 

Do i need a lawyer if my only misstep is the overstay? I do know of one here in my town but that would be a last resort for me as I am low on cash at the moment. Regardless of me being broke... you guys are the experts. if you advise that i need a lawyer i will do what i can to get one . 

[LloydMartin505 0]

1 minute ago, Boiler said:

I do not see the need for a waiver but was also wondering how  I was in legal status from that entry date, until 2005 when my Visitor Visa expired.

Sorry i was misinformed on that rule. It seems i was out of status from 2000 until 2010 when Haitians that proved legal entry were granted TPS

[Unlockable 7,315]

1 minute ago, LloydMartin505 said:

Sorry for the Caps earlier! 

 

I actually NEVER worked until i got TPS and an EAD. So i guess really i was out of status from 2000 until 2010.

 

Fortunately, I never claimed to be a US citizen on any application. I was able to live here and go to middle school and High school and eventually graduated High school here in the states. I lived with my brother who supported me until i was able to get TPS and get my own life going. 

 

I hear that Overstay is usually forgiven when getting permanent residency through marriage, so i didnt think it was a big deal. now i am a little worried.

 

Do i need a lawyer if my only misstep is the overstay? I do know of one here in my town but that would be a last resort for me as I am low on cash at the moment. Regardless of me being broke... you guys are the experts. if you advise that i need a lawyer i will do what i can to get one . 

Good. You should be OK. Yes, overstay can be overcome if you entered legally and is married to a US citizen. 

 

Seems you may not need a waiver. Hopefully others can chime in to give you more details.

[LloydMartin505 0]

4 minutes ago, NuestraUnion said:

Good. You should be OK. Yes, overstay can be overcome if you entered legally and is married to a US citizen. 

 

Seems you may not need a waiver. Hopefully others can chime in to give you more details.

Thank you so much for the quick reply! You are great :-) 

 

As for the rest of the questions, any advice?

 

1) Is a replacement i-94 necessary if i have that stamp? 

2) Do i need to renew my TPS in filing for AOS before it expires? 

3) If my over stay is questioned, can i say that it was unintentional as i was a minor and my family was in hardship? I was only 10 years old when i was brought here and overstayed..

[Boiler 45,923]

You will probably get a RFE for the I 94.

[Jojo92122 1,924]

15 hours ago, NuestraUnion said:

OK, then. So the reality is that you were not in legal status during the 5 years afterwards. I am also assuming you worked during that time. Hopefully you did not claim to be a US citizen on any job applications nor voted in any election. Other than that you have a path but it is going to require time, money, and a lot of effort. You will likely need a waiver for the ban you incurred. 

 

Do you have access to a competent immigration lawyer?

There is no ban.  He's still inside the US.  A ban only happens if he leaves the US after overstaying.  He does not need a waiver.

Edited June 5, 2017 by Jojo92122

[Jojo92122 1,924]

1.  The stamp when you entered the US last may be sufficient to show legal entry.  Don't be surprise if you get an RFE for the I-94.  Your entries before the last one does not matter; only the last time you entered the US matters.

 

2.  The current wait for an EAD through AOS is 4 months.  You may want to ask for an expedite of the EAD.  As a backup plan, I would renew TPS and your current EAD.

 

3.  No.  

 

 

[Jordan8768 107]

I would recommend seeking consult with an immigration lawyer, usually they do 30 mins for free in my area anyway, but you should be fine. 

 

Your overstay will be forgiven. The stamp should be sufficient. But if you get an RFE and have no idea what to do that's when an attorney will help! 

 

My lawyer told me that the only thing an overstay can incur is that you will get separated at the interview 

[KIRKUVAN L 75]

Hello, I hope you are doing great!

My case is similar to yours.

I came legally in a work visa in 2015 but I never left. I got married last year and applied for AOS.

I lost my I-94. We decided to hire a lawyer because we considered that I had way too many problems. Here it is what the lawyer said;

You can download your I-94 I think here https://i94.cbp.dhs.gov/

Otherwise you will get a RFEI!

We applied for I-131, I-130 and I-485.

Our lawyer said I don't need a waiver since I am married to a U.S citizen, I came legally and I believe it applies for you as well!

I got approved last week on my I-130 so let's see how everything goes, I wish you the best of the luck!

It wouldn't hurt to ask to a lawyer but I know how expensive can be!

[Fr8dog 312]

Only issue I see with the stamp, is the lack of the officers initials and a date. Be prepared for the RFE as stated previously.