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My father has no I-94 paper. I am 22 years old. My father who was originally from Syria has been in the United States for 30 years or more. He does not have an I-94, nor does he have any papers for proof of how he came to the country. He arrived here while working on a Greek ship, and decided to stay. He is married to my Mom who became a citizen after coming as a refugee from Cambodia. What can I do to get him a Green Card without I-94 documentation or USCIS status?
7 ANSWERS
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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You may petition for your father whereby his status should be legalized to legal permanent resident. The applicable forms are located on uscis.gov, however I strongly recommend you consult an attorney because if he entered unlawfully, or other improper means then may require a waiver but which may now be processed in the US thereby shortening the timeframe required to process full application in one's native country.
Answered on Jan 20th, 2012 at 8:22 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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There are restrictions for crew members. However, there are exceptions. The problem here is not he does not have his I-94. It is possible to request a duplicate but you need specific details. His passport might have greater details.
Answered on Jan 19th, 2012 at 3:07 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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If he came as a crewman, he would have had a C-1/D-1 visa most likely. You can apply for a replacement I-94 card but crewman cannot adjust in the U.S. unless he is eligible for Section 245(i) relief. If he returns overseas, he will trigger a ten year bar and need a waiver to return. I suggest a paid consultation with an experienced immigration attorney to learn his options.
Answered on Jan 19th, 2012 at 9:40 AM
Leon Wildes
You can start your search by researching Greek ship lines to learn when and how yiour dad may have "jumped ship" after entry as a crewman. Your mother could eventually sponsor him for residence based on their marriage. Recent ameliorations in the law may help in a case like this.
Answered on Jan 19th, 2012 at 9:09 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Unless he is 245i protected, he cannot adjust status based on either your petition or your mother's. He may be eligible for cancellation of removal of he can show extreme and unusual hardship to your mother.
Answered on Jan 18th, 2012 at 4:39 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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It sounds like your Dad was a crew member, so that can complicate his ability to obtain a green card. However he has been here for a loonnnnnng time. So that means he may have some relief under one of the older laws. For example did any family or employer ever file anything for him before April 30, 2001? Has he been the victim of a crime and assisted the police? He may also have an asylum claim based on changed circumstances in Syria now. You really need to obtain a very good immigration attorney to analyze and then handle your dad's case. A good place to start is AILA.org or the local chapter of your state's legal bar.
Answered on Jan 18th, 2012 at 4:14 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It will depend on what visa he used to enter the US. If he entered on the most likely C-1/D. If a C-1 then, he cannot file to adjust status in the US. If D visa then possibly if he is grandfathered for INA section 245(i), by the appropriate filing prior to April 30, 2001. If not, then he will have to apply for the immigrant visa at his home consulate and will need to apply for a waiver at that time. Please watch the news for possible stateside I-601 pre-adjudication. Find a good attorney.
Answered on Jan 18th, 2012 at 4:14 PM