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?
isadly i do not even think he can get away by getting married....
but keep on trying!
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..........IF he entered the US legally at the time he entered...........marriage WILL correct his situation...............
:cross-eye
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.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.
AND without intent to immigrate
-Tim
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 goodWon'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 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
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.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.