Returning to the US

[ddblu 0]

One of my friend used to live in the USA from 2004 to 2012 (he was on a H4 visa). He had a restaurant. His business was doing well. 
He did not succeed in staying legally and finally decided to go back to his country with his family. He has 4 kids (2 of them born in the USA). 

He would like to come back to the US but he does not know if it is possible from an immigration point of view. Let me know what you think. Thank you. 
 

Edited September 5, 2017 by ddblu
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[WandY 430]

Sounds like he was deported because of visa violation. He didn't decide to go back, the U.S. government sent him back. His road to America will be a bumpy one. Seek the advice of an attorney on this one.

[ddblu 0]

This is the thing. He was not deported. He decided to go back on his own because he did not manage to renew and to get another visa. The issue is that he stays in the country after his visa expired. Does it make a difference or is it the same as if he was deported?

[Going through 5,671]

5 minutes ago, ddblu said:

This is the thing. He was not deported. He decided to go back on his own because he did not manage to renew and to get another visa. The issue is that he stays in the country after his visa expired. Does it make a difference or is it the same as if he was deported?

How long did he overstay on his previous visa?

[ddblu 0]

I think that his visa expired in 2009 but I am not sure. 

[Going through 5,671]

1 minute ago, ddblu said:

I think that his visa expired in 2009 but I am not sure. 

What I'm asking is...you said that he stayed in the US *after* his visa expired----do you mean he has overstayed since 2009 and just went back recently?

 

Is he married to the mother of his USC children?  Is his wife (if married) a USC or LPR?

Edited September 5, 2017 by Going through

[Roel 7,192]

And in what base he even want to return? What kind of visa he thinks he's eligible for? Not to mention he might be banned for entering USA 

[ddblu 0]

Yes he overstayed until 2012 from what I understand. He has never come back to the US ever since. He is considering coming back on a work visa but the question is: is it even possible?

[Going through 5,671]

7 minutes ago, ddblu said:

Yes he overstayed until 2012 from what I understand. He has never come back to the US ever since. He is considering coming back on a work visa but the question is: is it even possible?

 

 

The 3-year illegal overstay will work against him when applying for a second work visa.  Chances are, it will be denied because they cannot trust him to return to his home country when the visa expires (as he has already shown, since he didn't return before).

 

It's quite possible that he has incurred an automatic ban from entering the US under any reason now, for the next few years at least.

 

It's better if you ask your friend to create an account and post himself here, as you are unsure of some of the answers to vital details needed to give the best advice.

Edited September 5, 2017 by Going through

[Mollie09 1,543]

32 minutes ago, ddblu said:

Yes he overstayed until 2012 from what I understand. He has never come back to the US ever since. He is considering coming back on a work visa but the question is: is it even possible?

Over 1 year overstay is a 10-year ban.

Even if he didn't have the ban, what are his qualifications for a work visa?

[geowrian 22,337]

He has a 10 year bar on any visa from the moment he left the US due to the unlawful presence in excess of a year. Even after that bar expires, getting a non-immigrant visa is very, very difficult with a past overstay (especially that long).

 

Once the USC kids are 21 they can petition for him to get an immigrant visa. ETA: about a year. If there is still a bar in place, they can file an I-601 after the immigrant visa is refused. ETA: 6-9 months on average for the waiver.

 

Edit: As for a work visa, the bar still applies and I don't think a waiver is available for an employer as the petitioner. I could be wrong here, but it would be - at the very least - unusual.

Edited September 5, 2017 by geowrian

[kzielu 1,149]

3 hours ago, ddblu said:

Yes he overstayed until 2012 from what I understand. He has never come back to the US ever since. He is considering coming back on a work visa but the question is: is it even possible?

No.

[Boiler 45,486]

H4 does not allow work, sound like he is banned anyway to 2022 and even then the outlook is not good.

[f f 725]

wait for usc kid to be 21 and then move to us then petition parent.

[David & Diana R 1,005]

8 hours ago, ddblu said:

One of my friend used to live in the USA from 2004 to 2012 (he was on a H4 visa). He had a restaurant. His business was doing well. 
He did not succeed in staying legally and finally decided to go back to his country with his family. He has 4 kids (2 of them born in the USA). 

He would like to come back to the US but he does not know if it is possible from an immigration point of view. Let me know what you think. Thank you. 
 

Your "friend" may be gone for a long time.