his visa expired and i would like to know how to help him stay here.
2007-12-15 16:49:14 · 18 answers · asked by pbklrz 1 in Politics & Government ➔ Immigration
None. Because he has gone out of status. He needs to leave the country as soon as he can to minimize the potential penalty.
However, beware that your visa can be expired and be "in status" because the visa is only a device to get you through the port of entry. It is the I-94 and the accompanying documents like an I-20 that determines if he is in status.
Even if he is legally allowed in the U.S., gaining citizenship is a different creature. He first needs to figure out which category he can apply under (work, family, spouse, diversity lottery etc.) and apply. Then he get a permanent residence if he is successful. This is different than a citizenship because he has not naturalized yet and in most cases, he cannot naturalize for 5 years (3 if she married a U.S. citizen). Then after that, he can apply to be a U.S. citizen.
To Chris below: He is not asking for a whole constitutionality of illegal alien or citizenship. He is asking a specific question under the current immigration law.
2007-12-15 16:57:40 · answer #1 · answered by Andy 4 · 1⤊ 1⤋
You can't. Here is the thing. When a visa expires you get a certain grace period in which to return to the home country. If this is done then it is easier to reapply (from home) as you have shown that you already abided by the terms and conditions of a visa. So they will give you another.
If you stay past a year and one day (don't quote me on that but it can be a year or less) then you can be barred from applying again for 3 to ten years.
But much can depend on his job and type of visa he had in the first place. If he is not working as a professional in a major company forget about it. Even the it would be difficult.
What it comes down to is that if he has overstayed he needs to go back in order to ever get a visa again.
2007-12-16 07:21:23 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
An expired visa means that he is out of status. He needs to return to his home country and re-apply to enter. However, because he was out of status, he may be denied re-entry.
See: http://travel.state.gov/visa/temp/types/types_1267.html#stay
Info on visas here: http://travel.state.gov/visa/visa_1750.html
There is the green card lottery for certain nationals -- but again, I am not sure what impact his being out of status would have on that process.
Citizenship, of course, would be for those granted a green card and the residency period is 5 years before qualifying.
He could try to renew the visa in the US -- if the time that he has been out of status is minimal, he might be ok. But there are no guarantees.
2007-12-15 17:29:55 · answer #3 · answered by Dovekie 3 · 0⤊ 0⤋
With extreme difficulty- I assume from your post that he entered legally on a work permit or on a student visa. If so, that's a plus, but it was dumb to let the visa expire; there's usually plenty of time to get an extension (rare) or go thru the gears and apply for green card or citizenship.
As it is, you will need to do some footwork for him, as he should stay out of sight, move often, and use cash only.
If you are both very sincere, get married, then apply for his card.
This is chancy, as the INS has seen too many "convenient marriages" for the sake of citizenship. Is he worth it??
2007-12-15 17:08:44 · answer #4 · answered by hurtin' 5 · 0⤊ 2⤋
they ought to not be instantaneous voters. i don't think of the different first international international locations try this. Why would desire to the U. S.? little ones of any unlawful alien born interior the U. S. shouldn't settle for citizenship..The 14th modification desires to be clarified and study the way it grew to become into meant,not as a loophole for unlawful extraterrestrial beings to benefit a foot carry in united states of america of america because it extremely is now used. we can't have the money for to subsidize each unlawful family individuals member, each mom with a infant who will become a straight away citizen, whilst 15 million individuals and citizens are jobless, whilst our very own human beings stay in poverty.We continually choose dazzling tremendously experienced engineers and scientists, yet not the indigent and desperate that we would desire to for ever and ever financially help. not semi-experienced hard artwork which will take much less wages, than our very own human beings, who themselves will finally end up interior the unemployment reward line.
2016-10-01 22:14:18 · answer #5 · answered by bulluck 4 · 0⤊ 0⤋
If he came legally and his visa expired, he's not an illegal alien, he's an out-of-status alien. What to do from here depends on the visa type. Since you didn't specify what kind of visa he had, I can't really answer.
2007-12-15 16:58:17 · answer #6 · answered by Anonymous · 2⤊ 2⤋
If his Visa has expired he is an illegal alien. He should go see if he can refile immediately, and if not, return to his home country and get a new Visa that way.
2007-12-15 16:52:28 · answer #7 · answered by Anonymous · 2⤊ 2⤋
Ask the Democratic party. They are the ones in charge who have yet to do anything about the problem ! They attached so many unmeaningful riders to the bill presented to President Bush, that the president had no recourse but to veto it. So help a legal immigrant instead. He is the one to be supported because he is playing by the rules.
2007-12-15 17:08:33 · answer #8 · answered by googie 7 · 1⤊ 1⤋
this is one of the reasons why we have many illegals here.overstayers.he has to go back and reapply or through marriage.those are the only ways but he will get banned as he is an overstayer.
2007-12-15 18:04:27 · answer #9 · answered by Alwaysright 5 · 0⤊ 0⤋
You go home to your country and apply to return legally.
I don't think marrying a U.S. citizen is an option with the new laws in place.
2007-12-15 16:58:57 · answer #10 · answered by graceful.tantrum 2 · 2⤊ 1⤋