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

Related Topics:
3 Lawyer Answers
Caitlin Costello Faye
Caitlin Costello Faye
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.

Alexander Ivakhnenko and Agnes Jury agree with this answer

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.