Q: Would living in the US after my tourist visa expired affect my I130 visa process from my permanent resident parents?
I am a foreign citizen, living in Greece and 35 years old. My parents currently live in US as permanent residents, since my brother petitioned I130 for them. My parents have submitted I130 for me, but the case would take 7-8 years until I get my green card and move in the US. In the case that I enter US on a tourist visa and I stayed in US as an undocumented immigrant, would that affect my I130 procedure of obtaining a green card? What if I was in the US on a student visa and after the end of school again stayed as undocumented, would that again affect my I130 visa application? If yes, what would be the best scenario for me to move in the US earlier than those 7-8 years without affecting my I130 application. Thank you for your time!
A: If your parents remain permanent residents you will need to remain in a lawful status at all times until you get the green card in this scenario. For best results work with a reputable immigration attorney.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Overstaying a tourist visa or violating the terms of a student visa by staying in the US after it has expired may negatively impact your I130 visa application. It is important to follow the terms and conditions of your visa and immigration laws in order to avoid any legal issues that could harm your immigration status or future immigration applications.
If you are looking for ways to move to the US earlier than the 7-8 years it would take for your I130 visa application to be processed, you may consider other options such as employment-based visas, investment visas, or family-based visas through other family members who are US citizens. It is important to consult with an experienced immigration attorney to explore all your options and determine the best course of action for your individual circumstances.
A:
Do not stay illegally in the US.
Consider other options to get a green card;
https://www.shusterman.com/green-card-through-marriage/
https://www.shusterman.com/green-card-through-employment/
Or a temporary visa:
https://www.shusterman.com/temporary-visa/
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.
