Okay, preten there's an illegal immigrant in the U.S. He has a siblin who petitions him under petition I130 under the 4th family preference. Let's say his petition is approved, but he was to wait in line for at least 12 years. During the time he's waiting he decides to stay in the U.S. Would he be illegal or what? If immigration were to deport him could they?
2007-09-24 13:32:14 · 7 answers · asked by Anonymous in Politics & Government ➔ Immigration
Yes he would be illegal. He is considered an overstay and will eventually get busted. If he is caught he will be deported and his visa will be cancelled. That could blow his chances forever. I have seen deported people who were never able to obtain another visa.
2007-09-24 13:41:03 · answer #1 · answered by probie007 2 · 3⤊ 0⤋
When the time comes for him to interview for his visa he'll have to leave the country and go home to do it. The first thing they are going to do is find out if he's ever overstayed in the US or if he ever entered illegally.
12 years is a long time. He's bound to have some interaction with the authorities that will prove he's been here. The result will be that he's denied his visa and banned for 10 years from returning.
I've got a great idea for him and you. Follow the law. Let him wait where he belongs. That way, when the day comes, he'll be here and 100% legal.
2007-09-24 21:56:10 · answer #2 · answered by Yak Rider 7 · 0⤊ 0⤋
Yes he would be illegal. He could be deported. If he was here legally he MAY be able to apply for extension of what ever visa he was on while waiting for a permanent residency though family based sponsorship.
As long as any out of status goes no longer than 6 months he won't be banned (they changed a law a while back & this was the inadvertant effect). If he is not out of status for over 6 months without leaving & reentering there is no legal problem. In theory the leaving & reentering can go on forever under the law; as long as the reentry is legal & out of status has not ever gone beyond 6 months. Bizare but true!
BTW, it is faster to get sponsorship through ones parents if he has parents in the US.
2007-09-24 21:10:44 · answer #3 · answered by Answers_to_questions 4 · 0⤊ 0⤋
Yes, it would be illegal to be here until such time that he was permitted to come. If he comes anyhow, and gets caught & deported, he would never be able to legally return. The law is not meant to be a load of bull, its just how it works. There are other people that have been waiting years, too. Its how we try to keep track of things, and try to keep it fair.
2007-09-24 21:11:34 · answer #4 · answered by steddy voter 6 · 1⤊ 0⤋
Goodby>Overstay>>
2007-09-24 21:22:58 · answer #5 · answered by 45 auto 7 · 0⤊ 0⤋
If I take a number at the local deli and it's no. 8 and my sister is no. 2, does that mean I can cut in front of everyone else and order my bologna? LOL
2007-09-24 21:04:06 · answer #6 · answered by Anonymous · 1⤊ 0⤋
illegal. subject to deportation. He was given a place in line...a status. He obviously thinks he's too good to wait his turn.
2007-09-24 20:47:38 · answer #7 · answered by Lori K 7 · 3⤊ 1⤋