Q: Hello my brother came on H1B and he became undocumented.
Hello my brother cam eon H!B and he became undocumented. He had Illinois Physical Therapy assistant license which he had to put on hold as he could not renew in 2018 before the SB3109 which states that no applicant shall be denied a license solely based on his or her immigration status or citizenship status. Previously a question was asked on renewal form regarding legal resident of Illinois. He put his license on hold.
Following question, is he a resident of Illinois he has been living here for over 10 years. I really need to know this answer.
Thank you
A:
Your brother was admitted and inspected in H1b visa status, so he is documented. However, he has fallen out of status by overstaying his visa. This means that he has accrued unlawful presence. Likely enough for a ten year bar from lawful admission should he depart the U.S.
He was never a citizen nor lawful permanent resident. He has very limited options, but these options should be discussed with a competent and experienced immigration attorney before there are any other complications.
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