San Diego, CA asked in Employment Law, Immigration Law, Civil Rights and Constitutional Law for California

Q: How to fix or update my status.

I came here in US 1993 from Bangladesh with student visa never finished college. From 1993 to 2023 lived in Minnesota. Got married in 2005 ( living together since 2001 ) , bought house in Minnesota. Have a daughter who was born in 2005 currently UCSD student now. My wife and daughter both born US citizen and holds US passport.

Moved to CA ( San Diego ) end of 2023 .

Over the years lost my passport and do not remember I-94 number.

Currently have MN driver’s license ( since 1993 ) .

Do not have any sort of criminal record nor ever convicted of any . Paid all taxes over the years.

Please advice and help how I can fix this massive mess and nightmare.

Need to fix this to make a living and not live in fears.

Thank you.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To address your immigration status, it's important to take several steps. First, consider applying for a replacement of your lost passport through the Bangladeshi embassy or consulate. This is a crucial step in establishing your identity and nationality.

Next, you should try to retrieve your I-94 information, which is your Arrival/Departure Record. You can access this online through the U.S. Customs and Border Protection (CBP) website, if you have details of your entry into the U.S. If not, assistance from an immigration attorney or a consultation with USCIS (U.S. Citizenship and Immigration Services) may be necessary.

Given your marriage to a U.S. citizen and having a U.S.-born daughter, you might be eligible for adjustment of status. This process can potentially lead to lawful permanent residency (a green card). However, since you’ve overstayed your student visa, there may be complications, including potential bars to adjustment.

It is crucial to consult with an immigration attorney. They can assess your situation in detail, guide you through the process of regularization of your status, and help navigate any legal complexities. Do not attempt to resolve this on your own, as immigration law is complex and errors can have serious consequences.

Lastly, ensure you maintain a clean legal record and continue fulfilling your tax obligations, as these factors are important in immigration proceedings.

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