My cousin has been out of status for 10 yrs, came on B2 visa; changed to F-1 student , now he is out of status and had lost his I-94 card. He has been married for 3yrs to American citizen woman. Is it possible to apply for replacement I-94 while in the states without the need for an attorney without jeopardizing himself? He is planning to use the card to apply for Green card and later Citizenship.How hard is it to file form I-102, requesting for replacement of I-94 when you are out of status?In his situation, he should really get a lawyer. The rules about adjustment of status, especially if he has been out of status, can be complicated so he needs to check with a lawyer.
Since he is married to a U.S. citizen, his previous out of status situation may be forgiven if handled correctly by a lawyer.How hard is it to file form I-102, requesting for replacement of I-94 when you are out of status?Very difficult.
since he has been out of status aka illegal for 10 years, he can not apply for a nonimmigrant petition for 10 years. His only other option would be a petition for waiver of excludability. No matter what, to change his status he will need to LEAVE the country. If he doesn't have the real need to become legal, he might as well stay because this process can take YEARS. To make it short, his wife would need to prove EXTREME HARDSHIP for moving where he is from, a tough standard.
Good luck
