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Immigration Law

My girlfriend entered the US with a Form I94 (Paroled Cuban

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pending 240 hearing) on June...
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: 2 years ago.Category: Immigration Law
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Answered in 16 minutes by:
5/16/2015
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,164
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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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
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Customer reply replied 2 years 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.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years 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.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith
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Customer reply replied 2 years 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?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Yes, and you will state exactly that.
Judith
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Customer reply replied 2 years ago
Is there any risk she will not get her residency since she was denied her petition before?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
The prior application is not an issue in making her ineligible.
Judith
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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,164
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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