Legal Question in Immigration Law in Iowa

Hi I have been in this country for over 14yrs now and I still got my I-94 and I have been in trouble with the law a few times but I don't have felony and I wanted to get my green card and they told me I need a lawyer or they can sent me back what can I do? I cam here as a refugee and I also lose my I-94 I know I can get it back but I wanted to get my green card


Asked on 1/13/14, 8:25 am

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

A person needs an underlying legal basis for eligibility to apply for U.S. permanent legal residence. Aside from some sort of prospective "amnesty", a person cannot just apply for a greencard based on physical presence in the United States.

Also, if you have overstayed your visa for over 14 years, then the only option I see, with this limited amount of information, would be eligibility based on marriage to a U.S. citizen.

I am not sure that you would be eligible for U.S. permanent residency pursuant to an old admission as a refugee, however, you should seek advice from an Immigration Attorney who is well versed with refugee cases.

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Answered on 1/13/14, 11:17 am
James Brown Brown Law Practice, PLLC

According to the relevant statute regarding refugee adjustment of status, refugees "shall" apply for adjustment of status after one year of physical presence in the United States. Immigrations and Customs Enforcement interprets the statute to mean that it can initiate removal proceeding against a refugee who fails to apply for adjustment of status after one year. Criminal grounds of inadmissibility can sometimes be waived for refugees, depending on the offense(s).

If you want to get your green card you will need to consult with an immigration attorney to review your situation.

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Answered on 1/22/14, 10:03 am


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