What if the VISA expired two years ago????

milliebx said:

Hello all,

I have a friend who came into the US with a Tourist Visa about 2 years ago. The Visa was for 6 months. What options does he have now?

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I don't know for sure but in todays environmnet I would expect the if he returns to the DR they will never give him another visa for as long as he lives.

So what does he do now that he is in the US? One thing for sure is stay out of trouble so they have no reason to deport him. The only real thing he can hope for if he wants to stay and make a decent living(not illegal alien wages) is marry a citizen - hopefully for love though and not out of necessity.

I would highly recommend talking to a lawyer. There is free legal advice given at most "Catholic Charities" office and religious affiliation or even beliefe in God is not a requirement to being seen - all are welcome. Also, check for local hispanis radio stations as many have a program they do on air once a week where people call in and ask such questions.

Good luck

i have no experience with USA but normally he'd be deported if he ever gets into trouble or is even questioned by the police for any reason. also as chip said - no way he ever gets visa again.
sadly i do not even think he can get away by getting married....
but keep on trying!

dv8 said:

isadly i do not even think he can get away by getting married....
but keep on trying!

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.........IF he entered the US legally at the time he entered...........marriage WILL correct his situation...............
:cross-eye

hey! love conquers all!

I he leaves the US he will not get a new US Visa for 10 Years, since he oberstayd his allowed 6 month by more then 180 days. If one overstays by less than 180 days you wouldn't be able to get a new Visa for 5 years.

twincactus said:

AND without intent to immigrate
-Tim

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Won't that be difficulte to prove since he has already overstayed his visa a year and a half?

If you are talking about him adjusting status in the US w/o being married to a citizen - forget it - it ain't going to happen - my best friends exwife tried to do the same and she had come from Colombia under the same circumstances and they denied her and were processing her for deportation until she married my best friend.

twincactus said:

This is highly subjective. A person may or may not get penalized for overstaying but almost surely in this case he would be punished. The length of time is purely at the discretion of immigration. There are no set times.

-Tim

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Yes, there are set min. limits before the US embassy will consider issuing a new visa.
Of course after the 5 or 10 years are up they can still deny a visa - as they can with any applicant.
The US considers receiving a visa a privilege not a right to the applicant.