Immigration Site

Hi,
I have just recently stubled across these forums while searching for immigration information. Everyone here seems super knowlegeable, so I would like to ask for your advice. While I know there are MANY people in my situation, information that fits me seems to be scarce.

I am 24 years old and living in NYC. I came to the US from Brazil when I was 3 years old with my mother. My father came before us approximately one year earlier. From what my parents tell me, we were held during inspection for several hours, and questioned. In the end, we were allowed into the country, however our visitor visas and Brazillian passports were held. I have since then re-newed my passport and have only 2 documents from my entry into the US. An I-94 card that was stamped "Inspection Deferred" and a letter/notice to appear before an immigration judge for "accompanying excludable alien". Also, there is a hand written number at the top of this letter that is an A-Number. A call to the EOIR revealed that the number is my mothers, and for case info it says "a judge entered an administrative decision for your case in July, 1989". There is no other information, and nothing pending.

About one week ago my fiance who was born in the US, and I got married, and we are planning our "big wedding" for the end of the year. We have been together for 8 years, and got married now to get a jump on paperwork. This is where I am at a stand still. I have been to a few different lawyers for consultations, and have gotten mixed answers on where to go from here.
One lawyer told me he would have to file a Freedom of Information Act request for my records before we can proceed, which would cost $1,200, then he would determine whether we can proceed with a chage of status or other action.
Another lawyer I visited about one year ago made a phone call, which I believe was to the EOIR and told me my "Case was closed" which simply meant he could re-open it or start a new case (I forget exactly how he worded it) as soon as I was married or was in some way eligible.

So here are my questions:

Do either of these sound like they make sense?

What should be the first step now that I am married to a US citizen?

How do I go about starting the process to change my status?

Do I first need to clear up my entry/admission into the country by obtaining a valid I-94 and go through filing an I-601? or am I eligible to go through the I-130/I-485 route?

Also, if I were to use a lawyer to do this, what do you estimate the cost should be?

Thank you in advance to anyone who responds! Your help is greatly appreciated.

Did your mother go to see the judge? If yes, what happened? Your eligibility to file AOS depends on the result of the deferred inspection.

One lawyer told me he would have to file a Freedom of Information Act request for my records before we can proceed, which would cost $1,200, then he would determine whether we can proceed with a chage of status or other action. You can request your immigration file via FOIA on your own, at very little cost.

Yes I was just reading about the FOIA fees and procedures, it really doesnt seem like an expensive procedure. My mother never went back to see the judge for fear of being sent back. This is where my problem begins.

Yes I was just reading about the FOIA fees and procedures, it really doesnt seem like an expensive procedure. My mother never went back to see the judge for fear of being sent back. This is where my problem begins. File a FOIA on your own, and once you have all the information you can file for your immigration process. I would venture on to say, an opinion here, you wont face any problems because since you came into the country legally, inspected is the technical term, then you will have a successful outcome of this family based filing (your husband=family). The fact that your mother failed to return to see an immigration judge cant be held against you, unless an immigration officer expects a 3 year to ride the subway in NYC with full understanding that their admission into the US wasnt a smooth sailing. In the interim, dont go anywhere that requires flying abroad or across the country, your immigration status can be ascertain at any time, and you could be in trouble.

Ignore any of those lawyers, I wouldnt trust a lawyer in NYC even if they were the last person on the face of the planet, I would rather seek an answer from a subway rodent.... For now, file for FOIA and collect important documentation which you will need to successfully file for immigration. You will need birth certificate, Brazilian passport, plus marriage certificate once you are married. I-94 very important. Once you are ready to file, come back on the forum and we will guide you further.