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

milliebx

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Feb 1, 2007
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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?
 
C

Chip00

Guest
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?

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
 

dv8

Gold
Sep 27, 2006
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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!
 

POP Bad Boy

Bronze
Jun 27, 2004
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isadly i do not even think he can get away by getting married....
but keep on trying!


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

MarkusL1

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May 3, 2004
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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

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Aug 9, 2004
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.........IF he entered the US legally at the time he entered...........marriage WILL correct his situation...............
:cross-eye
Let's qualify that and say that if he came here legally AND without intent to immigrate (marry), then he should be able to adjust status. Sometimes they lose the case. He will need a GOOD immigration attorney.

-Tim
 

twincactus

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Aug 9, 2004
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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.
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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Chip00

Guest
AND without intent to immigrate
-Tim

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

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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.
This is my point. People think they can just marry an American and all their troubles will go away. This is definitely not true. If you enter the country with the intent to immigrate (whether you marry or not) then the immigration court can find you out of status and start deportation hearings. The fact that he overstayed this long does not bode well for him. If you were to come innocently to the country on any other type of visa say visitor, student, etc and then fell in love and got married while your visa was still good
, then you could theoretically adjust status here. If they could prove like is the case on another thread here that the person on a student visa intended to marry then they could order that person to return to their country and wait out the normal visa process.

Some people seem to think that they can just go around the lengthy visa process by lying and concealing things. Immigration almost always will find out as you have illustrated.

-Tim
 

MarkusL1

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May 3, 2004
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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



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.
 

twincactus

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Aug 9, 2004
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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.
Care to post a source for this? My experience has been different. Each case is unique. You cannot make a blanket statement about that because it would not be true in every case. I have heard of people being banned for 10 years or life but never 5 years. There are many people on my site wh have had unique experiences when it comes to visa issuance.

-Tim