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Tuanv

Expired Tourist Visa

By Tuanv in Tourist Visas

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Tuanv Rising Star

Tuanv   2

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

I am posting this for a colleague of mine.

My colleague knows a guy who came to the US four years ago on a tourist visa and he overstayed on his visa. Right now, he is living in the US illegally. It is possible for him to apply for a green card if a company (e.i., restaurant) sponsor his employment? Apparently, his reason for staying here is to take care of 80 something year old parents. Does this count as something?

IR-1/CR-1 Visa

Service Center: California Service Center

Consulate: Ho Chi Minh City, Vietnam

I-130 Sent: 2010-04-02

I-130 NOA1: 2010-04-13

I-130 RFE: 2010-10-04

I-130 RFE Sent: 2010-10-08

I-130 Approved: 2010-10-25

NVC Received: 2010-10-29

Received DS-3032 / I-864 Bill: 2010-11-09

Pay I-864 Bill: 2010-11-10

Receive I-864 Package:

Return Completed I-864: 2010-11-18

Return Completed DS-3032: 2010-11-22

Receive IV Bill: 2010-12-02

Pay IV Bill: 2010-12-03

Receive Instruction Package: 2010-12-28

Case Completed at NVC: 2011-01-11

Visa Received : 2011-04-30

Thank Visajourney! Couldn't have done without you guys!!!!!!

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

No

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Kikibearylala Collaborator

Kikibearylala   2

Posted
Filed: Lift. Cond. (apr) Country: Philippines
 Timeline
Posted

I am posting this for a colleague of mine.

My colleague knows a guy who came to the US four years ago on a tourist visa and he overstayed on his visa. Right now, he is living in the US illegally. It is possible for him to apply for a green card if a company (e.i., restaurant) sponsor his employment? Apparently, his reason for staying here is to take care of 80 something year old parents. Does this count as something?

nope.he/she have to go back to his/her country before he get banned for life

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kzielu Experienced

kzielu   1,149

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted

I am posting this for a colleague of mine.

My colleague knows a guy who came to the US four years ago on a tourist visa and he overstayed on his visa. Right now, he is living in the US illegally. It is possible for him to apply for a green card if a company (e.i., restaurant) sponsor his employment? Apparently, his reason for staying here is to take care of 80 something year old parents. Does this count as something?

Are his parents illegal too ? If they are US citizens, why they did not petition him ? Employment based AOS will be denied due to overstay, his only chance would be being immediate relative of US citizen (spouse for example).

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Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

I am posting this for a colleague of mine.

My colleague knows a guy who came to the US four years ago on a tourist visa and he overstayed on his visa. Right now, he is living in the US illegally. It is possible for him to apply for a green card if a company (e.i., restaurant) sponsor his employment? Apparently, his reason for staying here is to take care of 80 something year old parents. Does this count as something?

Taking care of elderly parents does not excuse violating US immigration laws. Lots of 80 something Americans live on their own. It doesn't count as something for your friend to violate US immigration laws to care for his parents.

Your friend's overstay will prevent him from receiving a green card through an employer. His overstay will not be forgiven. His overstay will result in a denial of an employer sponsored green card.

The only chance for your friend to get a green card at this point is adjust status as an Immediate Relative of a US citizen. His overstay may be forgiven if he is petition by a US citizen spouse or US citizen child over 21. His parents cannot file for him as an Immediate Relative because he is over age 21.

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  • 3 weeks later...
Carmi Contributor

Carmi   4

Posted
Filed: IR-1/CR-1 Visa Country: Paraguay
 Timeline
Posted

Taking care of elderly parents does not excuse violating US immigration laws. Lots of 80 something Americans live on their own. It doesn't count as something for your friend to violate US immigration laws to care for his parents.

Your friend's overstay will prevent him from receiving a green card through an employer. His overstay will not be forgiven. His overstay will result in a denial of an employer sponsored green card.

The only chance for your friend to get a green card at this point is adjust status as an Immediate Relative of a US citizen. His overstay may be forgiven if he is petition by a US citizen spouse or US citizen child over 21. His parents cannot file for him as an Immediate Relative because he is over age 21.

If that person then gets married and US citizen spouse petitions for a change of status, what is the procedure? Does wife needs to go back to her country while petition is granted? do you know if they would have to pay a penalty for overstaying? (let's say a year of overstay). Thanks so much for your information!

12/30/2010: Married

02/02/2011: I-130 Sent

02/03/2011: USPS delivery confirmation

02/08/2011: NOA1 (text message + email)

02/09/2011: Touched

05/31/2011: NOA2 text and email

06/20/2011: NVC finally received our case!!

06/24/2011: Assigned case and INN number

06/24/2011: Received AOS Bill/Instructions, and DS3032

06/26/2011: Sent Choice of Agent form via email

06/27/2011: Paid I-864 bill

06/30/2011: Mailed I-864 packet

07/01/2011: DS-3032 was accepted

07/05/2011: Received Packet IV

07/06/2011: Paid IV bill

09/10/2011: Mailed IV packet

09/15/2011: Got a checklist! :(

09/19/2011: Sent completed checklist

09/22/2011: Case complete!!!!

09/29/2011: Received Packet 4, Assigned interview date

09/30/2011: Case forwarded to foreign consulate

U.S. Consulate in Asunción, Paraguay

10-03-2011: Medical Exam

10-12-2011: Medical Results picked up

11-01-2011: Interview at 2:30PM. APPROVED!!!!!!!!!!

11-02-2011: VISA picked up

11-10-2011: POE: Washington DC

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Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

If that person then gets married and US citizen spouse petitions for a change of status, what is the procedure? I-130 & I-485. Spouse of US citizen adjusting status to legal permanent resident. This only works if the foreign spouse entered the US legally. It does not work for those who enter illegally - hop the border. See the Guides - button located at the top of this page.

Does wife needs to go back to her country while petition is granted? BAD IDEA. Leaving can trigger a 3 years or 10 years ban from entering the US if the overstayed spouse has accumulated more than 180 days of unlawful presence. The overstayed spouse SHOULD NOT LEAVE THE US.

do you know if they would have to pay a penalty for overstaying? (let's say a year of overstay). Never heard anyone having to pay a penalty.

Thanks so much for your information!

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

***** One unhelpful, ranting post and one quoting same removed. If you wish to discuss the (dis)merit of US immigration law, do so in the P/R forum, not the upper forums. *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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