East Williston, NY Immigration Law Firms & Lawyers

Initially I must say that your situation would not appear to be too sympathetic to a consular officer or immigration officer. That is because you have already been outside the U. S. for over 2 years and still are trying to obtain a renewed the green card through the filing of the I-90. Such being said, you might be better off trying to file for another I-90 and trying to figure out a way to enter the U. S. to attend the biometrics appointment. If your green card is facially unexpired, you could consider boarding the plane and attempting to explain your situation to a Customs and Border Protection inspector at the port of entry. There is of course the risk that you may be asked to surrender the green card or face the immigration judge in that scenario. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

F2B is backed up 8.5 years (11 years for Philippines, 20 years for Mexico) Your father filing of a family petition for you does not give you any immigration benefits, no work authorization, no permission to remain in the U.S., nothing. You could travel while you are on a valid F-1, but I would advise against it because, once your father files the petition for you, it will act as evidence of your intent to immigrate into the U.S., and USCIS holds that such intent is incompatible with a non-immigrant visa (including F-1). So you might be denied admission when trying to re-enter after a trip abroad. Filing of a family petition will also hurt your chances of getting any other non-immigrant visa, such as H-1B, for the same reason ("demonstrated immigrant intent") I suggest that you should get an immigration attorney to review your father's case: depending on the details, you might be eligible to receive a green card as a beneficiary of your father's adjustment application.

You cannot just apply for an I 94. It might be available to those who have relatives in the military. Speak with an attorney. If you need to restore your record, it is a different issue.