Full Version: Overstayed Tourist Visa - Uh Oh!
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I have a friend in Texas who has overstayed her tourist visa by a year. What happens if she now marries her boyfriend? Can she still get legal residence? Does she have to go back to Phils? Please help. She doesn't know what to do.
If she marries a USC, she can file AOS and remain in the country while her green card processes. If she wishes to remain she should not leave the country before she gets her green card because even with advance parole, her overstay could trigger a ban. She doesn't have to leave the country as her marriage to a USC will mean USCIS will forgive her overstay.
http://www.uscis.gov/graphics/howdoi/legpermres.htm
Not could, will.
QUOTE
she should not leave the country before she gets her green card because even with advance parole, her overstay could trigger a ban.
Not could, will.
robhankins,
Your friend should be asking an experienced immigration attorney what to do. The answers will likely depend on more information about her situation than you have presented here.
Yodrak
Your friend should be asking an experienced immigration attorney what to do. The answers will likely depend on more information about her situation than you have presented here.
Yodrak
QUOTE(robhankins @ Sep 11 2006, 10:38 PM) 
I have a friend in Texas who has overstayed her tourist visa by a year. What happens if she now marries her boyfriend? Can she still get legal residence? Does she have to go back to Phils? Please help. She doesn't know what to do.
on a similar topic...
a friend was here on an educational visa. she fell in love and got pregnant and now has a two year old infant. she graduated about 2 years ago and has officially overstayed her visa for about 1.5 years. the father is a US citizen as is the infant.
what is the best way for her to apply for citizenship? can the infant protest on behalf of his mother? which visa is best? what about overstaying and bans? is it best for her too to submit paperwork and stay in country while she waits? will they show the same forgiveness as in a green card? any recommendations?
signed,
ignorant - but trying to learn more and help
a friend was here on an educational visa. she fell in love and got pregnant and now has a two year old infant. she graduated about 2 years ago and has officially overstayed her visa for about 1.5 years. the father is a US citizen as is the infant.
what is the best way for her to apply for citizenship? can the infant protest on behalf of his mother? which visa is best? what about overstaying and bans? is it best for her too to submit paperwork and stay in country while she waits? will they show the same forgiveness as in a green card? any recommendations?
signed,
ignorant - but trying to learn more and help
QUOTE(steganos @ Dec 20 2007, 05:07 PM)
on a similar topic...
a friend was here on an educational visa. she fell in love and got pregnant and now has a two year old infant. she graduated about 2 years ago and has officially overstayed her visa for about 1.5 years. the father is a US citizen as is the infant.
what is the best way for her to apply for citizenship? can the infant protest on behalf of his mother? which visa is best? what about overstaying and bans? is it best for her too to submit paperwork and stay in country while she waits? will they show the same forgiveness as in a green card? any recommendations?
signed,
ignorant - but trying to learn more and help
a friend was here on an educational visa. she fell in love and got pregnant and now has a two year old infant. she graduated about 2 years ago and has officially overstayed her visa for about 1.5 years. the father is a US citizen as is the infant.
what is the best way for her to apply for citizenship? can the infant protest on behalf of his mother? which visa is best? what about overstaying and bans? is it best for her too to submit paperwork and stay in country while she waits? will they show the same forgiveness as in a green card? any recommendations?
signed,
ignorant - but trying to learn more and help
Did your friend marry the father of her child?
Since she has overstayed her previous visa, I don't think she is eligiblel for any other visas. The only way she can adjust her status is if she married the USC father of her child and files the I-130 + I-465.
The USC infant cannot petition his mother. A USC child has to be 21 yrs old to be eligible to petition a parent.
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