| Q. |
H1B Overstay
In 2000 I got hired by a company in Miami and I received my H1B nonimmigrant Visa. The company I was working for went bankrupt a couple of months later so I decided to move to Los Angeles to start a new life and enrolled in a college. In February 2003 my visa expired when I failed to find another sponsor, so I decided to overstay, since I had a valid SSN number and a valid driver's license. 6 years passed without being able to go to visit my family abroad (Colombia) so finally, last week (june 26/09) I decided to travel to see my parents. I would love to go back to Los Angeles, where I have already deep roots. Am I eligible for the 212(d)(3) waiver to avoid the 10 year bar and apply for a new work visa? I already have a company ready to hire me. What's are the steps to do?
User's Location:
Colombia
Category:
H1B, H4, L1, L2 Visa
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| A. |
Am I eligible for the 212(d)(3) waiver to avoid the 10 year bar and apply for a new work visa? A: eligible, yes; likely to get a waiver, no
I already have a company ready to hire me. What's are the steps to do? A: get h-1b visa petition approved; apply for visa; be refused for Unlawful Presence; have Consulate recommend waiver to DHS; have DHS approve the waiver. |
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Will it be easier if I apply for an O-1 Visa (I meet the requirements)? If I get married to an american citizen being abroad will I still get the 10 year bar or will a get a waiver to return almost immediately? |
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| A. |
Will it be easier if I apply for an O-1 Visa (I meet the requirements)? A: No.
If I get married to an american citizen being abroad will I still get the 10 year bar or will a get a waiver to return almost immediately? A: Different waiver [with greater requirements] for immigration. 212d3 has less requirements.
Either waiver is likely to be denied. |
| |
James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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