Expired Tourist Visas?

[msdaisy 0]

hello friends!

I have a close friend whose family is having a bit of a problem. They have tourist visas that have been expired since March 2011. They did not renew them because of money issues, but have no idea what to do now to be able to remain in the US. One of the children is in high school and the other is college age. Is there any way for either of them to apply for student visas? what can the parents do? has anyone been in this situation and have any advice that I can offer them?

[aaron2020 11,651]

hello friends!

I have a close friend whose family is having a bit of a problem. They have tourist visas that have been expired since March 2011. They did not renew them because of money issues, but have no idea what to do now to be able to remain in the US. One of the children is in high school and the other is college age. Is there any way for either of them to apply for student visas? what can the parents do? has anyone been in this situation and have any advice that I can offer them?

Your friend's family are visa overstay. Legally, they cannot go to work or school.

Only marriage to a US citizen can help them become legal. It only helps the person getting marry, it doesn't help the rest of the family.

There is no other way for them to become legal.

[Anh map 2,098]

Not much they can do to be able to work legally. No one qualifies for the recent announcement by the President.

Student visa interviews are done at US embassies and consulates. That would require a trip home. As well as proving that students have enough money to pay for school tuition as international students. You state there are money problems, so that may be a challenge.

[Cathi 5,769]

nothing they can do

[GlobeHopperMama 95]

Actually, I don't see any information that indicates they aren't eligible for Deferred Action which was recently announced by DHS. How long have they been in the US without leaving? You say their visas expired, not their I-94 permits, which makes me think they may have used their visas for long-term residence?

Deferred action requires that they:

• Be under the age of 16 at the time of initial entry to the US
• Were continuously present in the US (no departures and re-entries) in the 5 years preceding June 15, 2012. In other words, they had to have been in the US on June 15, 2007 and not left since.
• Be currently enrolled in high school, be a high school graduate, have a GED, or be enlisted in the military at the time of application
• Be between the ages of 15-30 on the date of application
• Have a clean criminal record (no significant misdemeanors, it gets a little hazy and discretionary in this section, but if they have a clean record, no problem)

Although the procedure for affirmatively seeking Deferred Action has not yet been released, it's expected to be drawn up with in 60 days. At that point, if the students qualify, they could seek deferred action, which would grant them EADs and SSNs for a limited time (2 years, renewable after that, for as long as the policy still stands). It's not permanent status, but it also stops the clock on unlawful presence, which could probably be particularly beneficial to the high schooler.

Edited June 28, 2012 by Carlos and Amy

[dwheels76 5,468]

Actually, I don't see any information that indicates they aren't eligible for Deferred Action which was recently announced by DHS. How long have they been in the US without leaving? You say their visas expired, not their I-94 permits, which makes me think they may have used their visas for long-term residence?

Deferred action requires that they:

• Be under the age of 16 at the time of initial entry to the US
• Were continuously present in the US (no departures and re-entries) in the 5 years preceding June 15, 2012. In other words, they had to have been in the US on June 15, 2007 and not left since.
• Be currently enrolled in high school, be a high school graduate, have a GED, or be enlisted in the military at the time of application
• Be between the ages of 15-30 on the date of application
• Have a clean criminal record (no significant misdemeanors, it gets a little hazy and discretionary in this section, but if they have a clean record, no problem)

Although the procedure for affirmatively seeking Deferred Action has not yet been released, it's expected to be drawn up with in 60 days. At that point, if the students qualify, they could seek deferred action, which would grant them EADs and SSNs for a limited time (2 years, renewable after that, for as long as the policy still stands). It's not permanent status, but it also stops the clock on unlawful presence, which could probably be particularly beneficial to the high schooler.

Thank you for summing up the new policy. Sounds pretty cool. Hope this will help the OP's friends.

[tehans 52]

If their tourist visa expired in 2011 how could they have been here continuously for 5 years?

These people overstaying tourist visas only cause problems for other who want to come here and follow the rules.

Advice: Go home you are here illegally

Actually, I don't see any information that indicates they aren't eligible for Deferred Action which was recently announced by DHS. How long have they been in the US without leaving? You say their visas expired, not their I-94 permits, which makes me think they may have used their visas for long-term residence?Deferred action requires that they:

• Be under the age of 16 at the time of initial entry to the US
• Were continuously present in the US (no departures and re-entries) in the 5 years preceding June 15, 2012. In other words, they had to have been in the US on June 15, 2007 and not left since.
• Be currently enrolled in high school, be a high school graduate, have a GED, or be enlisted in the military at the time of application
• Be between the ages of 15-30 on the date of application
• Have a clean criminal record (no significant misdemeanors, it gets a little hazy and discretionary in this section, but if they have a clean record, no problem)

Although the procedure for affirmatively seeking Deferred Action has not yet been released, it's expected to be drawn up with in 60 days. At that point, if the students qualify, they could seek deferred action, which would grant them EADs and SSNs for a limited time (2 years, renewable after that, for as long as the policy still stands). It's not permanent status, but it also stops the clock on unlawful presence, which could probably be particularly beneficial to the high schooler.

[kzielu 1,149]

Thank you for summing up the new policy. Sounds pretty cool. Hope this will help the OP's friends.

Seriously ?? Then we are going to hear complaints how difficult it is to get tourist visa for mother in law willing to come see wedding ?

These people had already broken the law...

[tehans 52]

Seriously ?? Then we are going to hear complaints how difficult it is to get tourist visa for mother in law willing to come see wedding ?

These people had already broken the law...

My mother in law was denied to come see our baby born and we follow all rules. These people make me so angry.