this is an extra credit question for my first immigration law test..please help
BONUS
"A man and his family of 4 enter the U.S. 15 years ago from an overseas country on a temporary visa. However, he overstays his visa which expired many years ago. Could he now gain a green card, which leads to citizenship because he entered the country legally, or does he have to return to his country of origin and re-apply for himself and his family? If he can gain citizenship, explain the legal steps. If he cannot, state why." (10 points)
2007-08-31 15:48:42 · 6 answers · asked by Anonymous in Politics & Government ➔ Immigration
1. He would have to return to his country of origin to re-apply.
2. He could 'post bond' by seeking a board certified attorney with INS experience
a) He could get a letter of recommendation from his employer which are rare, however, if he gets one it is a 50% push for 1 or 2.
4. Once residence is granted, there is a wait time of
approx 7 yrs for application for citizenship.
Depending on his background check, a determination will be made.
2007-08-31 16:03:21 · answer #1 · answered by Mephisto 5 · 1⤊ 0⤋
Although he entered the country legally, he became out-of-status when his visa expired and became ineligible for adjustment of status after 180 days. Unless he is granted cancellation of removal he must return to his country of origin.
Cancellation of removal requires 10 years of US residency (lawful or not) with good moral character and a showing of "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.
Since he accrued 1 year of unlawful presence, if he leaves the US, he is subject to a 10 year bar on re-entry and must first be approved for an I-601 waiver before he can apply for an immigrant visa. He will also have to wait until an immigrant visa becomes available, which could be up to 22 years in some countries.
If he does ever receive an immigrant visa, he must remain for 5 years as a Lawful Permanent Resident before applying for citizenship.
2007-08-31 23:21:51 · answer #2 · answered by BruceN 7 · 1⤊ 0⤋
No, once he over stayed his visa he was no longer legally in this country, he needs to go home,
2007-08-31 23:14:13 · answer #3 · answered by jean 7 · 1⤊ 0⤋
Only answer call immigration an get the correct answer not a guess>>
2007-08-31 23:10:03 · answer #4 · answered by 45 auto 7 · 1⤊ 0⤋
The moment his visa expired, he and his family members became illegal aliens. Hence, they should be deported.
2007-08-31 23:15:16 · answer #5 · answered by Belen 5 · 1⤊ 0⤋
I dont know the laws but I believe, he has to return home then reapply.
2007-08-31 22:55:09 · answer #6 · answered by eldude 5 · 1⤊ 0⤋