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  • Where do I start?

    I have a friend that was in the US on a visa which expired.. not quite sure how long ago, but now that he has left the country, he tells me he can't return for five years... where do I begin?

  • #2
    I have a friend that was in the US on a visa which expired.. not quite sure how long ago, but now that he has left the country, he tells me he can't return for five years... where do I begin?

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    • #3
      What's your point ? What do you want to do ? Be clear so we can help.

      James

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      • #4
        I want to bring him back!!!!

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        • #5
          What visa? How long did he stay over? We need to know more!

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          • #6
            Considering your friend already left the country on an expired visa, there is almost nothing to do for your friend to come back and must serve however length of time. Your friend could possibly have done something about his status if he was still in the US during his visa overstay, but that all depends on what visa he came to the US with. good luck

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            • #7
              ok.. I'll be honest here... I am clueless.. hence the name PlzHelp.. I am a USC and have not a clue about immigration law. I am just now beginning to do some reasearch. My friend and I dated for five months during his stay here. He returned home to visit with his sick mother. There is somewhat of a language barrier between him and I. It is VERY hard to communicate over the phone about all the details of his visa because his English isn't all that great (nevermind the costly bills). In my reasearch, I have found the possibility of a Fiance Visa. Can anyone help me with details of this? Thx :-)

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              • #8
                There is a chance for you to take the Fiance visa route to bring this person back, but remember, this person is already out of the country and chances are the U.S. embassy/consulate will most likely deny whatever visa application(s) he files. Of the stories I heard from friends and/or friends that left the country on visa overstays, I have not heard of one of them successfully being granted a visa to visit the U.S. again. They must fulfill the 3/10 yr ban. If you really want to persue this, you may want to consult an immigration lawyer to find what options are available. Good luck.

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                • #9
                  so the chances are thin?

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                  • #10
                    Yes Roland is right in his observation.You are also right that there is very slim change for him to come back legally,i mean using legitimate process.
                    BTW, you must be checking this site almost evey minute as this has been visited more than 200 times and that is the most visited portion in this forum

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                    • #11
                      quite the opposite! :-)

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                      • #12
                        You mentioned that you were dating him,so if you truely love him you could try going to his country,getting married,and then going to the US embassy there.Most overstays are pardoned(so they say)when the spouse is married to a USC.Good luck!

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                        • #13
                          Just marrying him won't produce a visa out of thin air. If he is ineligible for a visa because of his overstay (or other undisclosed problem[s]) a waiver must be sought (by you) and approved by the INS. The first hurdle will be the marriage itself; is it bona fide or is it just a way for him to immigrate? No easy answers here.
                          Then, if the marriage is deemed bona fide, now comes the waiver portion. YOu have to file a form called an I 601 (plus some money) and he has to be fingerprinted (more time and money) and the waiver sent to INS. In general, waivers are granted only if EXTREME HARDSHIP can be demonstrated against the US spouse, in this example. What is extreme hardship? It is NOT mere separation. It is rather undefinable, but without a child to care for (one produced by both of you) or unusual financial dependence upon the alien spouse (hard to imagine since he would have to have been working illegally while you did nothing) a case for extreme hardship would be difficult, if not impossible, to establish.
                          Be alert, some immigration attorneys have on hand some self-styled psychologist, who for a fat fee, will make up almost any story about your "mental anguish". The INS is aware of these so-called "analysts" and will often require more substantial evidence that would allow such a conclusion to be reached.
                          Running over to the embassy and begging them for a visa will not likely succeed either. Their hands are tied if he (boyfriend) is ineligible for some reason(s).
                          Bottom line: there is no quick fix now that he is out of the US.

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                          • #14
                            Yes there are a lot of situations to look at and account for but when you marry a USC a lot of those are not probed.Waivers are much more easier and the INS does not have the resources to keep rejecting an individual on the basis of all applicable laws.If you are persistentand have a good lawyer you can overcome the ins and its system.Go and get married to you BF ,your lawyer could help take care of the rest!

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                            • #15
                              Immigration attorneys have NO, repeat, NO authority over INS or embassies. They cannot force these parties to grant waivers or issue visas. If any of them tell you that, run for the door immediately while your wallet is still full.
                              Waivers are granted generally after EXTREME HARDSHIP can be demonstrated, not because some immigration attorney thinks it's the right thing to do or whatever.

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