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ddblu

Returning to the US

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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 by ddblu
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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.

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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?

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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?


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

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Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

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Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

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Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

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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 by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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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 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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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?

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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 by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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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?

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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 by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.

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