Where to start help

[True26]

I've been in United States for 24 years I've been with my husband for 10 years we've been married for 2 years I'm trying to file my paperwork I'm not sure where to start due to the fact that when I got here I was 9 I don't have a I-94 so I'm not sure where would I start because I got here with with someone else's information but that's what I was told when I turn 18 ... Please help me figure out where to start

[JunkMart]

I've been in United States for 24 years I've been with my husband for 10 years we've been married for 2 years I'm trying to file my paperwork I'm not sure where to start due to the fact that when I got here I was 9 I don't have a I-94 so I'm not sure where would I start because I got here with with someone else's information but that's what I was told when I turn 18 ... Please help me figure out where to start

Since you are not sure about your entry into the US, I would advise you to consult an attorney. There may be waivers available for your specific case.

[True26]

I did get here in Airplane I was inspected at the entrance at the moment don't have the money for a lawyer my husband's only one that's working I'm not sure if I should file the i-130 and i130 8 and then wait for that receipt number and then file the other paperwork because I don't have a I-94

[bobm445]

I've been in United States for 24 years I've been with my husband for 10 years we've been married for 2 years I'm trying to file my paperwork I'm not sure where to start due to the fact that when I got here I was 9 I don't have a I-94 so I'm not sure where would I start because I got here with with someone else's information but that's what I was told when I turn 18 ... Please help me figure out where to start

Yes I definitely think talking with an attorney is the way to go. Being married to a US Citizen and adjusting status is easy per se as long as you entered this country with inspection. It took me a year and a half to retrieve my wifes 94 as she entered under a nickname rather than her birth name... but we finally found it. In your circumstance you may be able to fall under the Dreamer act as you were only 9 when you arrived.... Talk to a Lawyer. they will be able to help you best you don't want to mess it up and make matters worse. What part of the country are you from and what country did you come from?

[True26]

Yes I definitely think talking with an attorney is the way to go. Being married to a US Citizen and adjusting status is easy per se as long as you entered this country with inspection. It took me a year and a half to retrieve my wifes 94 as she entered under a nickname rather than her birth name... but we finally found it. In your circumstance you may be able to fall under the Dreamer act as you were only 9 when you arrived.... Talk to a Lawyer. they will be able to help you best you don't want to mess it up and make matters worse. What part of the country are you from and what country did you come from?

Florida and I was born in Jamaica . I was told to file I30 first and wait for the receipt and use that to file the I-485 and then after that apply for a waiver before my interview so that means it shows that I'm in filings

[newacct]

Florida and I was born in Jamaica . I was told to file I30 first and wait for the receipt and use that to file the I-485 and then after that apply for a waiver before my interview so that means it shows that I'm in filings

Your husband is a US citizen, right?

There is no reason to file I-130 and I-485 separately in your category. You should file them together.

[True26]

Your husband is a US citizen, right?

There is no reason to file I-130 and I-485 separately in your category. You should file them together.

Yes he is , so what do I put down for I94 number if I dont have one ....


Thank you for ypur help

[Scanigm]

Yes he is , so what do I put down for I94 number if I dont have one ....


Thank you for ypur help

Do you have the stamp on your passport that you came in here with? When did you come here?

[JunkMart]

I did get here in Airplane I was inspected at the entrance at the moment don't have the money for a lawyer my husband's only one that's working I'm not sure if I should file the i-130 and i130 8 and then wait for that receipt number and then file the other paperwork because I don't have a I-94

You may be able to at least have a consultation with a lawyer for free. Call around. If you qualify as a dreamer, then you may be able to get free legal help from pro bono immigration associations.

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Florida and I was born in Jamaica . I was told to file I30 first and wait for the receipt and use that to file the I-485 and then after that apply for a waiver before my interview so that means it shows that I'm in filings

Legal Aid in Florida https://www.justia.com/lawyers/immig...-bono-services

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Do you have the stamp on your passport that you came in here with? When did you come here?

OP stated in original post that she came under someone else's identify. So there isn't a valid stamp or I-94 for her true identity. Best advise is to seek the advice of an attorney.

[DreamBigg]

My opinion and I could be wrong:
Without a legal entry under your real name, you cannot adjust status here in the USA. You also cannot tell them you use someone else identity, that?s fraud and would put you in more trouble. My advice is: try to register under DACA and apply for advance parole, travel and come back to get your legal entry, then you can file concurrently i130/i485. BUT don?t do it yourself. You need the help of an experienced immigration attorney.
Keep us posted.

[Guest]

I did get here in Airplane I was inspected at the entrance at the moment don't have the money for a lawyer my husband's only one that's working I'm not sure if I should file the i-130 and i130 8 and then wait for that receipt number and then file the other paperwork because I don't have a I-94

Please look into nonprofit law firms. They are staffed with great lawyers and the fees are much lower, sometimes free. Just be careful and make sure it's a legit nonprofit / firm with ACTUAL lawyers. Sometimes these places are staffed with paralegals or "accredited representatives" - these are not lawyers!! These places are often very shady and don't file things properly. With your entry with another person's documents, you need a real lawyer. Just do your homework before you get one. You can ask if they are attorney members of AILA (American Immigration Lawyer's Association).

Another thing you can do is call law firms and ask if they do pro-bono work. Just make sure it's an immigration law firm or has someone with some immigration experience, because your issue is more complicated. It never hurts to ask!!

Good luck

[newacct]

Yes he is , so what do I put down for I94 number if I dont have one ....

Put "none" and attach any evidence that you entered through a legal port of entry.

My opinion and I could be wrong:
Without a legal entry under your real name, you cannot adjust status here in the USA.

I believe that someone who entered through a legal port of entry, who was seen by the officer and whom the officer let in, is considered to have entered with inspection and admitted, and eligible for Adjustment of Status, even if they entered on a false identity or passport, as long as they did not claim to be a US citizen.

See Volume 7 Part B Chapter 2 section A-2 of the USCIS Policy Manual:

A foreign national is admitted if the following conditions are met:

?The foreign national applied for admission as an ?alien? (foreign national) at a port of entry; and

?An immigration officer inspected the foreign national as an ?alien? and authorized him or her to enter the United States in accordance with the procedures for admission.

A foreign national who meets these two requirements is admitted, even if the foreign national obtained the admission by fraud.

Of course they would still have a lifetime ban for fraud or material misrepresentation (unless somehow the OP's age makes them not responsible for misrepresentation(?)) and they would need to be able to get a waiver for that before they can be approved for AOS. But the waiver would be applied for in the US while doing AOS, instead of while applying for an immigrant visa abroad. The hard part would be obtaining evidence that the OP indeed entered through a legal port of entry. If anyone else who entered with him/her could submit an affidavit to that effect, that would help, though those people would probably be guilty of "smuggling" an alien so they might not want to come forward.

You also cannot tell them you use someone else identity, that?s fraud and would put you in more trouble.

But if what the OP was told is true, then the fraud already happened, as a matter of fact. The forms for both AOS and immigration visa application ask about fraud or misrepresentation to an immigration officer, and the OP must answer yes. Otherwise, they would be committing an additional act of misrepresentation.

[True26]

Help

Put "none" and attach any evidence that you entered through a legal port of entry.


I believe that someone who entered through a legal port of entry, who was seen by the officer and whom the officer let in, is considered to have entered with inspection and admitted, and eligible for Adjustment of Status, even if they entered on a false identity or passport, as long as they did not claim to be a US citizen.

See Volume 7 Part B Chapter 2 section A-2 of the USCIS Policy Manual:


Of course they would still have a lifetime ban for fraud or material misrepresentation (unless somehow the OP's age makes them not responsible for misrepresentation(?)) and they would need to be able to get a waiver for that before they can be approved for AOS. But the waiver would be applied for in the US while doing AOS, instead of while applying for an immigrant visa abroad. The hard part would be obtaining evidence that the OP indeed entered through a legal port of entry. If anyone else who entered with him/her could submit an affidavit to that effect, that would help, though those people would probably be guilty of "smuggling" an alien so they might not want to come forward.



But if what the OP was told is true, then the fraud already happened, as a matter of fact. The forms for both AOS and immigration visa application ask about fraud or misrepresentation to an immigration officer, and the OP must answer yes. Otherwise, they would be committing an additional act of misrepresentation.

Thank you guys for the help .... Not sure where to actually start .... But I will look for a lawyer and see whats best for me .... The last lawyer I saw told me I had to leave then file .... Bit I can't I have 4 year old son who needs me and husband that working really hard for us .... I appreciate everything you guys have said and I pray whatever I do comes out right ... .....

I was told to file I130 and wait for a visa number and explain how I got here and then go from there .... Just need help figure out the right steps ....

[newacct]

I was told to file I130 and wait for a visa number and explain how I got here and then go from there .... Just need help figure out the right steps ....

You are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen), which never has any wait for visa numbers. There is no reason to file I-130 and I-485 separately. Any trouble you have with the I-485 now, you will still have later if you file it later. If you don't have the money or documents to file both now, wait until you are ready to file both together. Only filling I-485 protects you against deportation, and allows you to apply for EAD and AP; filing I-130 earlier than I-485 won't give you any benefits.