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

[Leigh Ann 8]

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.

While the lawyer may be bilking them, it's not true that refugees can't come here on tourist visas. It's entirely possible and it happens.

[JimVaPhuong 4,863]

While the lawyer may be bilking them, it's not true that refugees can't come here on tourist visas. It's entirely possible and it happens.

Yes, but they must have a well founded fear of persecution or other pressing humanitarian concern if they are forced to return to their home country. The likelihood of USCIS entertaining an asylum application for someone from Costa Rica is near zero. There is also a numerical cap on the number of refugee applications which USCIS may accept in any year.

There are other options as well, which have an equally remote chance of being applicable. For example, they could be granted temporary status if they were assisting law enforcement in the prosecution of a criminal case. I don't think it's unreasonable to exclude options that have little or no chance of success.

But, you are technically correct - it is possible to gain asylum after entering with the tourist visa, or even after entering without inspection. In fact, CBP is specifically required to ask if an alien wants to apply for asylum before denying them entry.

Edited June 27, 2010 by JimVaPhuong

[Leigh Ann 8]

Yes, but they must have a well founded fear of persecution or other pressing humanitarian concern if they are forced to return to their home country. The likelihood of USCIS entertaining an asylum application for someone from Costa Rica is near zero. There is also a numerical cap on the number of refugee applications which USCIS may accept in any year.

There are other options as well, which have an equally remote chance of being applicable. For example, they could be granted temporary status if they were assisting law enforcement in the prosecution of a criminal case. I don't think it's unreasonable to exclude options that have little or no chance of success.

But, you are technically correct - it is possible to gain asylum after entering with the tourist visa, or even after entering without inspection. In fact, CBP is specifically required to ask if an alien wants to apply for asylum before denying them entry.

I wasn't positing about the likelihood that they were actually applying for asylum (or the success of any potential claim for a person from Costa Rica). Rather, I was pointing out that asylum applicants can - and frequently do - come here on tourist visas. That's all.

Your point about the numerical cap - do you mean the limit on the people who can come from abroad (refugee resettlement)? I'm unaware of any limit on the number of asylum applications to be filed in the US, and (I think) the limits on the numbers of asylum applicants who can apply for LPR were abolished in the Real ID act. This is getting off topic from the OP's question, but I'm interested to know of any limit on asylum applications, since I didn't think there was one.