Marriage paperwork questions - I94, arrest, work

[zelo]

I recently married my girlfriend and am about to file adjustment of status paperwork. I can't afford a lawyer at this stage so hope to find some help here. I have entered the US legally as a student twice in the late 90s and overstayed my visa. I lost my entry passport with my last I94 and I have an arrest with no conviction (case was dismissed - it was a misunderstanding). Questions:

1. Is there any free legal help/consultation for people in my situation in New York City?
2. How can I request a new copy of my original I94 if I don't have that passport number?
3. Does the arrest affect the I485 application even if it was wrongful and did not result in conviction?
4. I have been working and paying taxes for a long time, does that affect the I485 application (positively or negatively)

I know it's a complicated case, that's why talking to a lawyer would be preferable.

[newacct]

Your spouse is a US citizen?

1. It's not hard to do it yourself. There are many forums on the Internet where you can ask questions if you run into any issues.
2. You can try file I-102 to replace a lost I-94, putting "unknown" for your passport number. You can also try to make an FOIA request to CBP for any entry records they may have on you.
3. You would have to disclose that you got arrested and attach any documentation you have, but it shouldn't be an issue as nothing came out of the arrest.
4. Definitely positive

[Adrian Gruber]

[QUOTE=zelo;475257]I recently married my girlfriend and am about to file adjustment of status paperwork. I can't afford a lawyer at this stage so hope to find some help here. I have entered the US legally as a student twice in the late 90s and overstayed my visa. I lost my entry passport with my last I94 and I have an arrest with no conviction (case was dismissed - it was a misunderstanding). Questions:

1. Is there any free legal help/consultation for people in my situation in New York City?
**Check with Catholic Services for the New York Diocese, they do Pro Bono work in immigration cases.

2. How can I request a new copy of my original I94 if I don't have that passport number?
** Customs Border Patrol now has an automated system but with out a passport # you won't have much success, also they do not keep records beyond a 5 year period. You will have better success with a FOIA request thru USCIS

3. Does the arrest affect the I485 application even if it was wrongful and did not result in conviction?
**Answer truthfully on your I-485, nothing is worse than going into an interview and if/when they ask you question and you are untruthful your application will be denied! Chances are they know already through the FBI Background check.

4. I have been working and paying taxes for a long time, does that affect the I485 application (positively or negatively)
**As long as you did not use "FRAUDULENT DOCUMENTS" IE: **** Social Security, D/L and you are currently employed and you were untruthful on the I-9 when you were hired

Good luck.

[zelo]

Thank you for your answer!

Yes my spouse is a US citizen.


On question 3: I was not planning on hiding it, the question was if it makes me ineligible for adjustment of status and if I should do anything additional (eg. bring additional paperwork from the court) in reference to the arrest.

On question 4: I have used my own SS#, but I had to use fraudulent ID (since I did not have a green card at the time of my hiring)

Thank you again!




[QUOTE=Adrian Gruber;475262]

I recently married my girlfriend and am about to file adjustment of status paperwork. I can't afford a lawyer at this stage so hope to find some help here. I have entered the US legally as a student twice in the late 90s and overstayed my visa. I lost my entry passport with my last I94 and I have an arrest with no conviction (case was dismissed - it was a misunderstanding). Questions:

1. Is there any free legal help/consultation for people in my situation in New York City?
**Check with Catholic Services for the New York Diocese, they do Pro Bono work in immigration cases.

2. How can I request a new copy of my original I94 if I don't have that passport number?
** Customs Border Patrol now has an automated system but with out a passport # you won't have much success, also they do not keep records beyond a 5 year period. You will have better success with a FOIA request thru USCIS

3. Does the arrest affect the I485 application even if it was wrongful and did not result in conviction?
**Answer truthfully on your I-485, nothing is worse than going into an interview and if/when they ask you question and you are untruthful your application will be denied! Chances are they know already through the FBI Background check.

4. I have been working and paying taxes for a long time, does that affect the I485 application (positively or negatively)
**As long as you did not use "FRAUDULENT DOCUMENTS" IE: **** Social Security, D/L and you are currently employed and you were untruthful on the I-9 when you were hired

Good luck.

[Adrian Gruber]

Seek legal counsel

Hello Zelo, because you used falsified document to be employed you face removal/deportation procedures.
My advice to you is to seek legal counsel because you may have committed a felony you may need legal protection.

[newacct]

On question 4: I have used my own SS#, but I had to use fraudulent ID (since I did not have a green card at the time of my hiring)

So you mean you used fraudulent documents for the I-9? On that form, did you claim to be a US citizen? or did you claim to be a permanent resident or some other alien allowed to work?

[delilahgreen]

On question 4: I have used my own SS#, but I had to use fraudulent ID (since I did not have a green card at the time of my hiring)

What kind of false ID did you use? Falsely claiming to be a US citizen is a serious crime and will almost certainly result in deportation based on what I've heard. This is the kind of sensitive case where it's very advisable to see a lawyer. Even a free initial consultation might help you. I don't know how USCIS performs background checks but if they see that you claimed to be a permanent resident or US Citizen, that might make things very difficult for you.

[zelo]

I used a fraudulent green card with my real Social Security Number.

So you mean you used fraudulent documents for the I-9? On that form, did you claim to be a US citizen? or did you claim to be a permanent resident or some other alien allowed to work?

- - - Updated - - -

Thank you - I will seek a lawyer then.

What kind of false ID did you use? Falsely claiming to be a US citizen is a serious crime and will almost certainly result in deportation based on what I've heard. This is the kind of sensitive case where it's very advisable to see a lawyer. Even a free initial consultation might help you. I don't know how USCIS performs background checks but if they see that you claimed to be a permanent resident or US Citizen, that might make things very difficult for you.

- - - Updated - - -

Thank you - I will seek a lawyer then.

Hello Zelo, because you used falsified document to be employed you face removal/deportation procedures.
My advice to you is to seek legal counsel because you may have committed a felony you may need legal protection.