Legal Question in Immigration Law in New York

Re: how soon can we file (more details)

Do you have an old passport with a B1/B2 visa?

You might be able to apply for adjustment of status if you can prove that you entered USA lawfully on a visa.

Filing governmental fee is $1,365. If you have an attorney assisting you, there will be also an attorney fee.

If you need a detailed consultation or legal assistance, you can contact me off the public forum.

Re: how soon can we file (more details)

Your I-94 would have to be reissued. Once you get it, you could file for adjustment of status.

If you need further assistance, please contact our office.

Re: how soon can we file (more details)

Before anything, you will need to file for a replacement I-94 card (filing Form I-102). Once you have that, depending on your criminal history (if any), you will be able to file your application for permanent residence in the US. Your husband will have to sponsor you and show that he earns enough money so that you will not need public assistance. Furhter, you will be required to go to an interview at the local USCIS office. Information about the forms that you will need to complete can be found at USCIS's website (www.uscis.gov). You should consider speaking with an immigration attorney to discuss the process in detail.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

Re: how soon can we file (more details)

You will have to provide the US Immigration Service with a current passport and birth certificate for yourself in order for them to process your application for a green card.

You must, therefore, contact the embassy of the country from where you came and apply for a new passport. Without this you will not get very far.

Please keep in mind that the US Immigration Service already has a file on you from when you originally applied for the visitor's visa (B-2) in your country of origin.

Patricia Martin-Gibbons