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Trying to file I-485 through marriage(my spouse is a US

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Trying to...

Trying to file I-485 through marriage(my spouse is a US Citizen), but have I-94 lapse previously, entered legally(on H1B) but H1B visa lapsed due to employer screw up, recently got H1B re-instated but not I-94, can I still file for I-485(adjustment of status) through marriage...?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

Officially am on H1B but my stay has expired, so am overstaying now, no pending applications yet with USCIS.. But am planning to file Waiver of Inadmissibility soon with USCIS.. Meanwhile before even filing for the Waiver, can I just go ahead and send in my I-485 through spouse...?

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes, have a lawyer who is willing to file for my waiver to re-instate the lapsed I-94(over stay issue)..

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

But not retained him yet.. Yes, basically I want to sile for I-485(adjustment of status) and get approved without leaving the country if possible(in spite of my expired I-94).. Ok fine..

Submitted: 4 months ago.Category: Immigration Law
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Answered in 1 minute by:
12/4/2017
Immigration Lawyer: JustAnswer, Arbitrator replied 4 months ago
JustAnswer
JustAnswer, Arbitrator
Category: Immigration Law
Satisfied Customers: 22
Experience: JustAnswer
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Thanks for posting your question. We're matching you to the right Expert, who will call you at the number you provided. Please leave any new details below.
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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 4 months ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 112,006
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Phone call session started
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,243
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** and I will be the immigration attorney helping you today. Did you request a phone call or did you want a reply here?

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Customer reply replied 4 months ago
Had requested a phone call...!
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

I do not see that the request went through. Can you check on your end?

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Customer reply replied 4 months ago
He called but couldn't hear anything, tried to call him back, but it was general "JustAsk" numbber, maybe can just chat with lawyer right here...?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

I can send you the offer again.

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Customer reply replied 4 months ago
Can you give me his/her number so can call him/her if we get disconnected...?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

I do not know whose number you are talking about. I am the immigration attorney.

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Customer reply replied 4 months ago
Ok if we get disconnected like last time, how to call you back...?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

I am not the one who called you. Not sure who it was. I am trying to resolve it so I can call you. It's not letting me send you a new offer.

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Customer reply replied 4 months ago
That's very strange, why is it not letting you send me the new offer...? Would it be better to just chat here(since the site has already charged me I think)...?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

Sure, whatever you prefer.

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Customer reply replied 4 months ago
Or we could talk on phone also, but maybe better to just get answer here, since we had problem with phone reception yesterday...?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

You would have to start a new question post and state FOR JEN at the top. I can't answer you here because I will not receive credit since you chose only phone call. Sorry, I confirmed this with customer service.

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Customer reply replied 4 months ago
In that case(to save time and maybe avoid going through whole process again), maybe we could try phone call once again, if ok with you...?(Else could start new question and state "For You" as you mentioned)..
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

Unfortunately there's no option for me to call you here from here. The only way would be to start a new question post with my name :( I'm sorry

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Customer reply replied 4 months ago
Ok let me try doing that now..
Customer reply replied 4 months ago
Tried that(posted question again), but now it wants to charge me $38...!
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

You can contact customer service and ask for a refund for your first question. But yes questions on the website average for about $40. Remember it's a consultation with an attorney and all follow up questions you need included. Most consultations are about $100 with an attorney.

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Customer reply replied 4 months ago
SOrry am bit confused now between who was my attorney and who did I pay...?!
Customer reply replied 4 months ago
How to rectify this am thinking...?
Customer reply replied 4 months ago
since am kind of confused as to what has happened here...?
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 4 months ago

Pradeep, we spoke over the phone and you asked for a refund. This is not good. What happened?

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Customer reply replied 4 months ago
I think issue was that I had posted question on another web-site also(JustTIA.com) and was corresponding with different lawyer on this site(Jen), and when I got call from you I confused it with previous site where I hd posted same question, meanwhile Jen was saying that she couldn't get through to me and so never had call with her, then when I saw charge on my account I thought I hadn't spoken to Jen so where did charge come from...?! I hadn't realized that you had also called me from this web-site where I had been corresponding with Jen and had been expecting a call from her all along...!
Customer reply replied 4 months ago
Maybe I can talk to customer support so they can re-credit you for call...?
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 4 months ago

She shouldn't have said that she couldn't get through. When an expert involved in a Q&A session does not respond to a customer's call request within 5 minutes, that call request becomes available to any expert online at the moment. So when she didn't respond to you within 5 minutes, it popped up on my screen and I accepted the phone call. So that's what happened. But sure, if you could email *****@******.***, that would be really helpful. I will also let them no on my end. I sincerely ***** *****

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Customer reply replied 4 months ago
let me do that now..
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 4 months ago

Thank you!

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Customer reply replied 4 months ago
Just emailed them, they should be taking care of it now..
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 4 months ago

Thank you so much! If you need anything else, you can always come here and post a reply and you would not be charged again. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 4 months ago
Customer support just emailed me today morning that they have credited you back for call...!
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 4 months ago

Thank you so much! I sincerely ***** *****!

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Customer reply replied 4 months ago
Had quick last question, should I include latest H1B approval notice in my application(although it says in it that I-94 not extended)...? It's hard to even make out if they have asked for it or not...:-(...! Have included all required docs otherwise like passport copy, previous valid H1B copy, etc..
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 4 months ago

Your current status isn't important if you are getting your Residency through marriage to a U.S. Citizen. They will be most interested that your last entry was legal and you were inspected.

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Customer reply replied 4 months ago
Then am thinking will exclude H1B copies from application completely..
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 4 months ago

Ok.

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Customer reply replied 4 months ago
It does not allow me to rate the conversation(as am trying to do so)...?
Customer reply replied 4 months ago
Also before opt out had very last question, since I went out of status(for 7 years now), I don't have to file waiver(of inadmissibility) form with I-485 application if am right...?
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 4 months ago

Supposedly, I was already compensated. But Pradeep, how can you guarantee me it is the last question. That's what you said last time. Doesn't it really depend on what my answer is?

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Customer reply replied 4 months ago
No this would be last for sure, if you're ok with it you could answer otherwise also it will be ok, no issues at all..
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 4 months ago

I was kidding with you. It's hard to joke online. Anyway, you do not have to file a waiver if you originally entered the U.S. legally and just overstayed as long as that original visa was not a K-1, K-3, C-1/D (crewman) or J-1 subject to 212(e).

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Customer reply replied 4 months ago
Thanks, I see..
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 4 months ago

My pleasure.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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