What are the options if someone overstays a tourist visa and wants to stay in US?

[Josh and Nathalie 0]

My wife and I are having a friendly discussion about an immigration question and I figured this would be the best place to get an answer.

She has a friend she met here in the US that came over from Costa Rica a year ago on a tourist visa along with her husband and two children. From the information my wife has gathered (she hasn't asked too many specific questions because she didn't want to pry into something that isn't our concern), but they came here a year ago already married, all of them are from Costa Rica, they came over on a tourist visa and never intended to go back, they both work here and the kids are in school.

Supposedly, she's paid $7000 so far to someone to try and change her status so she can stay in the US with her family. My wife hasn't found out who she is paying to help fix this problem, but I assume it's some lawyer.

Now, my question is this...is there really anything this woman could be doing to legally adjust her status, along with the rest of her family to stay in the US and not go back to Costa Rica? I was under the impression and I've been arguing that there isn't really anything that can be done and that anyone she is giving money to is full of sh#t and just taking her money. She came to the country and committed visa fraud. Isn't that punishable by deportation and a 10 year ban on re-entry or something? At the very least...doesn't she need to leave the country and then try to come back in legally?

Again, this doesn't really have anything to do with my wife and I....just something we've been bantering back and forth about today.

thanks!

[Justine+David 218]

So they are both Costa Rica citizens? Doesn't look good...

[VanessaTony 3,567]

I've never heard of it being done unless there's a hardship they're escaping from. I honestly think she's being milked for money. She would need a sponsor I thought at least. A family member would take a while, a job MAYBE... but it's pretty risky right now and obviously they intended to say so it IS visa fraud... hmmm I'm intrigued by this too! I'm with you in I don't think anything can be done, I'm interested to see what others think!... I wonder if immigration are already looking for them...

Edited January 2, 2010 by Vanessa&Tony

[Penguin_ie 5,996]

I can't see a way, assuming neither of the two of them are US citizens. Even for a work visa they'd need to go back to their home country to interview.

[aleful 1,905]

ditto,

unfortunatly there are lawyers or other type of people that do that to people, they steal their money and tell them lies. there is nothing that they can do to become legal.

they would need an immigration reform of some sort. I hope they didn't fle for a political assylum because if it is denied they will be deported.

[juliava 80]

No, it doesn't look good at all and I am really sorry to read this.

I bet they overstayed and I bet they have been working here illegally. That lawyer is taking advantage of them big time and I believe he told them "Yeah, it is ok to work"! That makes me mad. Josh and Nathalie, you should tell them to stop pumping money to him NOW. I would report that lawyer to the proper authorities as well.

There is NOTHING they can do, I know it is a hard decision to make, but they have to leave. Forget about the idea of "finding a sponsor", you need to keep legal status for that.

[belinda63 3,041]

unless they can prove they came here as refugees which from Costa Rica would be pretty impossible they cannot adjust status here. Someone is stealing a lot of money from them and giving them very bad advise.

Since they did not leave they are most likely on a list somewhere and if they are so much as pulled over for a traffic violation (depending on where they live) they could be deported. Since they are working illegally it is likely soon they will not have jobs as E Verify is becoming more and more common and if they are using fake or someone else's social security number it is just a matter of time before they are caught.

It seems they are determined to stay here since they came with that intent and are paying big bucks to try to become legal.

You might want to remind them of the consequences of being here illegally. Jail possibly for months while they await hearings and deportation, possible criminal charges for using a false social security number, separation from the family due to jail/deportation, a 10 year or lifetime ban from the US, etc.

[vip1 8]

I actually know of a couple that came here already married from Chile, and after much time and effort they were able to legalize themselves. I don't know all the details but I think it was through labor certification or something like that. They came here more than 20 years ago, stayed illegal all this time, and just the past year were able to obtain their permanent resident status. As far as I know though, the law that they used to legalize themselves is no longer valid, so it couldn't work for anyone who JUST came to the country.

[Old Dominion 26]

If they came on tourist visas, they can only get those visas extended, and it takes time. If they were refugees, they wouldn't have had tourist visas. The lawyer is no doubt bilking them.

[Richard90027 1]

My wife and I are having a friendly discussion about an immigration question and I figured this would be the best place to get an answer.

She has a friend she met here in the US that came over from Costa Rica a year ago on a tourist visa along with her husband and two children. From the information my wife has gathered (she hasn't asked too many specific questions because she didn't want to pry into something that isn't our concern), but they came here a year ago already married, all of them are from Costa Rica, they came over on a tourist visa and never intended to go back, they both work here and the kids are in school.

Supposedly, she's paid $7000 so far to someone to try and change her status so she can stay in the US with her family. My wife hasn't found out who she is paying to help fix this problem, but I assume it's some lawyer.

Now, my question is this...is there really anything this woman could be doing to legally adjust her status, along with the rest of her family to stay in the US and not go back to Costa Rica? I was under the impression and I've been arguing that there isn't really anything that can be done and that anyone she is giving money to is full of sh#t and just taking her money. She came to the country and committed visa fraud. Isn't that punishable by deportation and a 10 year ban on re-entry or something? At the very least...doesn't she need to leave the country and then try to come back in legally?

Again, this doesn't really have anything to do with my wife and I....just something we've been bantering back and forth about today.

thanks!

All of us here are doing the immigration thing the right and legal way. This couple should go back to their country and apply the same way we all did

[juliava 80]

The law that gave the illegal immigrants a chance to become legal was temporarily approved in 2001. It's not available anymore.

Currently there is still a labor certification program, and it is one of the first steps towards applying for a Green Card based on employment. Basically the employer has to justify why did they hire/prefer you as a foreigner and why they didn't hire an American Citizen instead, why do you qualify for the job and a US citizen doesn't. Not an easy task. You can't obtain this with any job.

Labor Certification Approval doesn't guarantee a Green Card approval. You need to be legal and authorized to work if you want to obtain a GC through employment.

[Brother Hesekiel 2,236]

The only way for either of them to adjust their status to a legal one would be to become immediate relatives of US citizens. Short of that and some kind of amnesty in a few years time (assuming they pay income taxes until then) there is nothing that can be done under current immigration law, absolutely nothing.

They are being taken advantage of.

[FrancElsie 6]

My wife and I are having a friendly discussion about an immigration question and I figured this would be the best place to get an answer.

She has a friend she met here in the US that came over from Costa Rica a year ago on a tourist visa along with her husband and two children. From the information my wife has gathered (she hasn't asked too many specific questions because she didn't want to pry into something that isn't our concern), but they came here a year ago already married, all of them are from Costa Rica, they came over on a tourist visa and never intended to go back, they both work here and the kids are in school.

Supposedly, she's paid $7000 so far to someone to try and change her status so she can stay in the US with her family. My wife hasn't found out who she is paying to help fix this problem, but I assume it's some lawyer.

Now, my question is this...is there really anything this woman could be doing to legally adjust her status, along with the rest of her family to stay in the US and not go back to Costa Rica? I was under the impression and I've been arguing that there isn't really anything that can be done and that anyone she is giving money to is full of sh#t and just taking her money. She came to the country and committed visa fraud. Isn't that punishable by deportation and a 10 year ban on re-entry or something? At the very least...doesn't she need to leave the country and then try to come back in legally?

Again, this doesn't really have anything to do with my wife and I....just something we've been bantering back and forth about today.

thanks!

Hmmmm....Two Costa Rican citizens come to the USA on tourist visas and bring their children. Now they are working???? Doing what? They cannot legally work in the USA without the correct papers which would NOT be issued to anyone with a tourist visa. So....they must be working illegally? "Supposedly" she's paid "someone" to try and change her status? IF this is the case...she/he are wasting the illegal money they are earning in the USA. AND, they should return to Costa Rica and do this the correct way. Somehow they got a "Tourist Visa" so they must have had the financial means to qualify for that type of visa. BUT .... to come to the USA on a tourist visa and with no intention of leaving is CLEARLY ILLEGAL. They need to to this the correct and legal way....which is to return to Costa Rica and wait in line like everyone else.

[Brother Hesekiel 2,236]

FrancElsie,

you have a mind as sharp as a razor blade. I'm impressed on how marvelously you analyzed the case and came up with a solution.

One problem, however, is that once they leave the US they will trigger a 3 or 10-year ban, depending on how long they exactly overstayed. So "doing it the right way" in their current condition isn't as easy as leaving the country. Not that I can think of any way to "fix that" short of an amnesty that might or might not come, with conditions we don't know attached.

But say, doesn't Costa Rica mean "rich coast?" Are really all people in Costa Rica rich? Hold on . . . the guard is calling me; I have to go back to my cell for the shrink session at 2 o' clock.

[Summer75 16]

There is absolutely nothing they can do. What kind of person (lawyer) take advantage of this situation? Just tell them the truth! Or they leave and try to get a visa.... including a waiver... Or they just live here illegally. They knew this before coming here. There are thousands of people like them who came with tourist visa and overstayed, now they are not able to go back home to visit, cause they can´t re-enter, so they just live here.... waiting not to be caught, working illegally, waiting for an amnisty/immigration reform.

U should tell them to talk to those free lawyers who work for churchs or charities. They will open their eyes. Maybe they should save that money just in case they get caught and be deported to their country, sooner or later.