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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28200
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My girlfriend entered the US with a Form I94 (Paroled Cuban

Customer Question

My girlfriend entered the US with a Form I94 (Paroled Cuban pending 240 hearing) on June 2012. We filed form 485 to adjust status but were rejected because we did not send the requested full translation of the birth certificate. The I94 expired on June 2014. We are not filing the I485 again but wonder if we might have problems since the I94 expired.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
No she cannot be removed from the US as a Cuban exile.
Why are you not going to refile her adjustment? $???
Judith
Customer: replied 1 year ago.
We are wanting to file her I485 and pay the $1070 again but were concerned this might be refused based on the fact her I94 expired on June 2014. We now have the birth certificate translation and want to be sure that the new refiling wont be rejected based on the previous i485 rejected for not providing the information on time.
Expert:  Judith replied 1 year ago.
No 99% of cuban refugees filing under C6 or C7 have expired I-94s! Many don't even have an I-94.
Since she has to wait one year to file it is not unusual for Cubans to wait longer than that and by that time if they have I-94s they are expired.
She will not be denied for the expired I-94.
I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
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In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith
Customer: replied 1 year ago.
In the I485 form it asks if we have filed for residency in the past. Do we state we previously filed a I485 but were rejected for not providing the information they requested on time?
Expert:  Judith replied 1 year ago.
Yes, and you will state exactly that.
Judith
Customer: replied 1 year ago.
Is there any risk she will not get her residency since she was denied her petition before?
Expert:  Judith replied 1 year ago.
The prior application is not an issue in making her ineligible.
Judith