NO VISA for my boyfriend's family but now what, how to do this?

Question

He and his family were to a lawyer and apply for work visa and then was denied, it was two years ago. Now He whants to do it by him self do yo think that is going to work, or because the last request was denied affect his application?

One more point he is Mexican. But he came to US legaly!

Answer 1

What kind of a visa DOES he have, since he came here legally? If he wants to change his visa status, he will probably need a lawyer, but it may be doable. If he does not have a visa he can forget it. It really doesn't matter what ethnicity he is. As long as he has a valid visa and a lawyer, he has a chance to change that status.

Answer 2

If he came legally (and now wants to change to a work visa) ... he had to arrive on either a student visa or a tourist visa.

A tourist visa has a maximum validity of 6 months (which may, in very special circumstances, be extended for up to 6 additional months). It is a visa type that makes him automatically ineligible for a change to work visa status, because of the conditions used to obtain the tourist visa in the first place.

A student visa can be valid for a longer period of time - basically, it is the duration of the degree program being pursued OR the point at which his academic standing fell below a certain minimum standard ... whichever occurs FIRST. Most student visas do not allow employment at all; relatively few allow working (on campus, under strict conditions - and typically only when the work involved is part of "on the job" training).

His CURRENT visa status is important in determining whether he will be allowed to change status now - not the status he had two years ago. As noted above ... it's highly likely that he is either not legally in the country (due to an expired visa condition, like tourist), or that he has a visa type which will not allow him to change to work status.

The application for a work visa must be made by a US-based or US-owned company, not by the individual. The only exception to this is if the individual is entering the country (not already within it) and is applying as an entrepreneur ... in which case, he has a significant amount of money to invest in the new business.

From the wording of your question, I'm willing to bet he doesn't fall into the entrepreneur classification.

Depending on the reason his original application was denied, the earlier ruling may well affect his future application(s) ... for ANY type of visa, not just a work visa.

Answer 3

Not enough info. Some types of visa denials can be overcome the next day, some take awhile, some never can be overcome.

You're asking if he'll get his visa *before* he goes to see a lawyer. That's counter-productive. He'll have a better chance with an attorney than with advice here.

If he did arrive with a visa, did his I-94 expire before he attempted to adjust status? If so, he's out of status and this creates more pressure for him to be denied any positive action with Immigration/CIS.

Answer 4

If he wishes to apply for a work visa then he needs an employer to sponsor him for one. It his employer who must file the initial paperwork.

However, you say he came to the United States legally two years ago, on which visa did he enter the States with and what is his current status?

If he as overstayed stayed his previous visa and is currently out of status then no lawyer or employer sponsor can change that status under those circumstances. If he is out of status then he is in fact now illegal regardless of if he entered legally and is therefore unable to change his status until he departs the United States.

Furthermore, depending on the length of his overstay he may be permanently ineligible to receive a visa in the future and be subjected to a 3 or 10 year ban if he does depart.

Answer 5

Tell him to go to Catholic Social Services. They have an immigration dept. that can help him for free.