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Immigration Issues/I-130 and I-485 after I-94 expiration

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Question
Came to US under Visa Waiver Program in August of 2004 to met my natural birth mother and sister. I  remained in US where I met and married my husband in May of 2005.
What are my options I never applied for a green card or natural citizenship because I didn't work and my birth mother and sister are US citizens. So what happens to me now I had been told to have identification  other than my Swiss  birth certificate from Switzerland and marriage certificate that I would have to pay 1300.00 to file the I 130 and I 485.
I have not committed a crime I have a high school degree and have a 22 year old son  in Switzerland

Answer
Hi,

Either your mother or sister can file I-130 petition for you. Information about family sponsorship categories is here: www.h1b1.com/sponsor.htm

However, you cannot file I-485 (adjustment of status application) based on this sponsorship by either your mother or sister since your I-94 has expired. However, if there is a bonafide marriage to a U.S. citizen, both I-130 and I-485 can be filed. Incidentally, if you depart the U.S. for any reason, you will be barred entry to the U.S. for 10 years since your I-94 has been expired for at least one year.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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