Philadelphia, PA asked in Immigration Law for Pennsylvania

Q: If I over stay my non- imgrant visa is there a way for me to live in the u.s legally and work

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3 Lawyer Answers
Caitlin  Costello
Caitlin Costello
Answered
  • Immigration Law Lawyer
  • Philadelphia, PA

A: It really depends on your circumstances. In general, you would need to file another application in order to remain in the U.S. lawfully and work. You should meet with an immigration lawyer to see if you are eligible to apply for anything.

Agnes Jury and Alexander Ivakhnenko agree with this answer

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: When you overstay a non immigrant visa you have very few alternatives available to you from inside the USA. Unless you qualify for temporary protective status, asylum, or you have an immediate relative in the USA who is a USC.

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: Impossible to answer as your note lacks essential facts. But even generally, a visa overstay begins to acquire unlawful presence and one that time exceeds one year that visa overstayed foreign national triggers a statutory ten year inadmissibility finding.

Secondly, that alien is not eligible to work without a valid work authorization.

However, there are several legitimate legal options that may apply to that particular situation such as a bona fide asylum application, adjustment of status to LPR based on an authentic marriage to a USC, TPS, etc.

To provide a lucid legal guidance it requires a detailed legal analysis of your exact legal options with an accomplished immigration attorney, even remotely.

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