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honda13

Lost I-94. Filling for a US Citizen's father. Help?

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Good Evening,

My father came to the US (2003) with a B2 visa but he overstayed it. Now, I am 21 and US Citizen, and I would like to petition for him. Only problem is that he lost his I-94 and the passport of the stamp. All he has is the Visa passport and a copy of his stamped passport. However, he has requested a copy of his I-94 twice but they have been denied due to a lack of proof to find it. Could I just go ahead and send the application to Adjust his Status?
What would be the chances of him getting approved? Has anyone experienced something like this before?
I will appreciate all the help I can get. Thanks.
Edited by honda13

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Is he inside USA? if so there is no problem i found this lawyer opinion at this page. http://www.lawqa.com/qa/can-us-citizen-sponsor-parent-who-has-overstayed-on-visitor-visa-for-more-than-10-years-what-are-complications

Parents of US citizens are considered immediate relatives, thus your parents should not have any problems when they apply for adjustment of status as long as they entered the country with inspection - even if they overstayed their visitor visa by more than 10 years. The total fee that they will pay to USCIS is $1,490 per person. They do not need to file any waivers unless there are other issues of inadmissibility. The entire process is currently taking approximately 4-6 months.

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To adjust status he needs to show that he entered with inspection. As the rest of your post is confusing to say the least I will leave it at that.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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