B2 Visa expired 9 years ago.... Need help!

[imailin 0]

My friend came with a tourist visitor visa (i believe is B2) in 2000.... it expired. also in the year 2000 her sister claimed her (american citizen) with the 245 law. Can she apply for a ETA 8898 employment certification? would she be approve by immigration? She has a company that really wants her to work with them and of course she cant because she does not have a work permit. She is a United States high school graduate and she is a few credits away for getting her AA Degree at college. What can be done in order to get her a work permit? thanks!!!!!!!

[YuAndDan 153]

Filing anything to USCIS may alert them of the overstay, and more than likely cause a deportation order.

She has overstayed a visa, and if deported, will face a 10 year bar on entry.

This is a case for an immigrations lawyer.

[Chica Yeyé 41]

Consult an attorney. Indeed, she is currently subject to deportation.

[imailin 0]

Consult an attorney. Indeed, she is currently subject to deportation.

well tecnically she still waiting for the sister to sister petition.... which takes looooong time.... she does not work she only studies....

but thanks anyways for the advise....

so, you guys dont know if she can apply for employment certification? 8898 ETA? the thing is that she has a friend who is in her same situation and applied for it, but my friend is not sure if the person who is helping her friend is only taking her money.....

[Kez/JWolf 6]

Consult an attorney. Indeed, she is currently subject to deportation.

well tecnically she still waiting for the sister to sister petition.... which takes looooong time.... she does not work she only studies....

but thanks anyways for the advise....

so, you guys dont know if she can apply for employment certification? 8898 ETA? the thing is that she has a friend who is in her same situation and applied for it, but my friend is not sure if the person who is helping her friend is only taking her money.....

It does not mater that she is waiting for a visa to become available to her. She is in the US illegally. When a I-130 is filed for a relative and they are not classed as immidiate relatives of the USC they have to wait for a visa to become available to them, in the case of sibblings that takes many years. They are not allowed to remain in the US durring the wait time. As she will have to return to her home country to complete the visa process and have the interview she is going to have major issues as the time she has been in the US illegally will cause her to have a 10 year ban on re-entry and her visa will be denied.

There is no way for her to get a work permit (EAD) as she is an illegal Immigrant and is subject to deportation.

You need to seek the help of a immigration lawyer before you contact USCIS about anything.

[aaron2020 11,651]

Consult an attorney. Indeed, she is currently subject to deportation.

well tecnically she still waiting for the sister to sister petition.... which takes looooong time.... she does not work she only studies....

but thanks anyways for the advise....

so, you guys dont know if she can apply for employment certification? 8898 ETA? the thing is that she has a friend who is in her same situation and applied for it, but my friend is not sure if the person who is helping her friend is only taking her money.....

The sister petition does not mean that the your friend cannot be deported. She violated US immigration laws by overstaying. Now, she wants the benefits of US immigration laws without a penalty? Not going to happen. Everyone who did it right had to wait outside the US while a sibling petition for them. To allow someone who violates US immigration law the full benefit without a penalty would result in encouraging others to do the same. Your friend will be deported. She will be subject to a ban. There is no way for a sibling to adjust in the US. Your friend will have to go to her home country to adjust. She will have to account for her where about during the last 10 years. If she lies, her visa can be deneid or revoke whenever, even after she somehow slip through the system and gets to the US.

[Chica Yeyé 41]

Exactly right. The sister petition has no effect on her illegal status -- I can almost tell you the petition will be denied, she will be deported and subject to at least a 10 year ban. She broke and is still breaking the law - not cool.

[imailin 0]

Exactly right. The sister petition has no effect on her illegal status -- I can almost tell you the petition will be denied, she will be deported and subject to at least a 10 year ban. She broke and is still breaking the law - not cool.

Thanks everyone for the feedback, but Although is true what you are saying, also is true that :

The House-passed limited extension of Section 245(i) (H.R. 1885) and the version that passed the Senate Judiciary Committee (S. 778) both include a new provision that would require beneficiaries to demonstrate that the required "familial or employment relationship" existed on or before April 30, 2001 (in the House bill) or date of enactment (in the Senate bill). Importantly, this new requirement is retroactive to January 14, 1998.

Section 245(i) would allow eligible people to adjust their status in the U.S. when their immigrant visas becofme available. Immigrants who adjust their status under this provision pay a steep fine for having been in the U.S. illegally, and in return are not forced to endure a separation from their family or employer for a three- or ten-year period. Both H.R. 1885 and S. 778 would extend the period of time within which eligible people can file their petitions and applications with the Immigration and Naturalization Service (INS) and the Department of Labor (DOL).

that is why I was asking if she could apply and change her adjust of status... but I guess no .... ????

[xiocepo 0]

My friend came with a tourist visitor visa (i believe is B2) in 2000.... it expired. also in the year 2000 her sister claimed her (american citizen) with the 245 law. Can she apply for a ETA 8898 employment certification? would she be approve by immigration? She has a company that really wants her to work with them and of course she cant because she does not have a work permit. She is a United States high school graduate and she is a few credits away for getting her AA Degree at college. What can be done in order to get her a work permit? thanks!!!!!!!

Hi I had visa B2 too I came here ten years ago and I got married w/citizen do you something about it, maybe youcan give some advice or tips..

[imailin 0]

My friend came with a tourist visitor visa (i believe is B2) in 2000.... it expired. also in the year 2000 her sister claimed her (american citizen) with the 245 law. Can she apply for a ETA 8898 employment certification? would she be approve by immigration? She has a company that really wants her to work with them and of course she cant because she does not have a work permit. She is a United States high school graduate and she is a few credits away for getting her AA Degree at college. What can be done in order to get her a work permit? thanks!!!!!!!

Hi I had visa B2 too I came here ten years ago and I got married w/citizen do you something about it, maybe youcan give some advice or tips..

]

welll if you married an american citizen you need to filed for AOS. there are plenty of forms that you need to prepare as well as a medical exam, pictures, etc....

[YuAndDan 153]

Exactly right. The sister petition has no effect on her illegal status -- I can almost tell you the petition will be denied, she will be deported and subject to at least a 10 year ban. She broke and is still breaking the law - not cool.

Thanks everyone for the feedback, but Although is true what you are saying, also is true that :

The House-passed limited extension of Section 245(i) (H.R. 1885) and the version that passed the Senate Judiciary Committee (S. 778) both include a new provision that would require beneficiaries to demonstrate that the required "familial or employment relationship" existed on or before April 30, 2001 (in the House bill) or date of enactment (in the Senate bill). Importantly, this new requirement is retroactive to January 14, 1998.

Section 245(i) would allow eligible people to adjust their status in the U.S. when their immigrant visas becofme available. Immigrants who adjust their status under this provision pay a steep fine for having been in the U.S. illegally, and in return are not forced to endure a separation from their family or employer for a three- or ten-year period. Both H.R. 1885 and S. 778 would extend the period of time within which eligible people can file their petitions and applications with the Immigration and Naturalization Service (INS) and the Department of Labor (DOL).

that is why I was asking if she could apply and change her adjust of status... but I guess no .... ????

Again this is outside the scope of this board, this requires a consultation with a good immigrations lawyer.

[xiocepo 0]

My friend came with a tourist visitor visa (i believe is B2) in 2000.... it expired. also in the year 2000 her sister claimed her (american citizen) with the 245 law. Can she apply for a ETA 8898 employment certification? would she be approve by immigration? She has a company that really wants her to work with them and of course she cant because she does not have a work permit. She is a United States high school graduate and she is a few credits away for getting her AA Degree at college. What can be done in order to get her a work permit? thanks!!!!!!!

Hi I had visa B2 too I came here ten years ago and I got married w/citizen do you something about it, maybe youcan give some advice or tips..

]

welll if you married an american citizen you need to filed for AOS. there are plenty of forms that you need to prepare as well as a medical exam, pictures, etc....

Ok but my question it's to riscky to do the process without attorney or I need to hired one since I overstaying, do you know something about it.

[Chica Yeyé 41]