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Immigration Issues/245i - Marriage to US Citizen

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Question
Hi,

I entered this country when I was 11 with a tourist visa in 1993. However, my passport was then lost and I have no way to prove that i entered legally.
Prior to turning 21 my father applied for a work certification but was not granted until AFTER I had turned 21 leaving me out to get a green card through that petition.
I am now married to a US citizen and would like to file a marriage petition.  
Would it be best to try to get a duplicate copy of my I-94 document or can I simply be "grandfathered" through my father's work certification application?
Thanks for your response!

Answer
Hi,

As you are grandfathered under sec. 245(i), it is OK if you cannot prove legal entry to the U.S.

Your U.S. citizen spouse can file all sponsorship paperwork concurrently with the USCIS: www.h1b1.com/Uscitizen.htm

You also have the option of obtaining duplicate I-94 as per http://www.uscis.gov/i-102 but your entry was to the U.S. was so long ago that the USCIS may not be able to issue you duplicate I-94.

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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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