QUESTION

How can i get green card with overstayed waiver visa (esta) and lost I-94 form, if i'm getting married with my boyfriend?

Asked on Oct 10th, 2013 on Immigration - Florida
More details to this question:
I have overstayed waiver visa for more than 2 years, i came to US 11.2010. And i'm getting married with my boyfriend, us citizen. We both live together and we want to apply for my green card while staying in US. And i have lost i-94 or i-94W form, if i had one, i can't remember filling it in airplane Is it possible to get my green card with overstayed Waiver visa and lost I-94 form?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
In order to locate a record of entry, you can file form I-102 for a replacement I-94 or I-94 W with U.S.C.I.S. Once you have that, you may be able to file for adjustment of status through a US citizen spouse. I do note that there has been trouble in the past with adjustment of status for those who came in and overstayed under the visa waiver program, although it is my understanding at this time that U.S.C.I.S. will continue processing cases of this type. You may wish to consult with a local attorney to see what the local practice of the U.S.C.I.S. field office is in dealing with your particular kind of case.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Oct 13th, 2013 at 8:45 AM

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