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Thread: Illegal Immigration Question

  1. #1
    What happens to a person who flew into the United States from another country, stayed here for several years without any legal status, and then tries to fly back out of the USA? Do they take notice of this at the airport somehow and report that person? Can that person travel to the United States ever again? Any information on this type of situation would be very helpful. I'm new to all of this, and it has been hard trying to find information about this type of situation online. Thanks!

  2. #2
    What happens to a person who flew into the United States from another country, stayed here for several years without any legal status, and then tries to fly back out of the USA? Do they take notice of this at the airport somehow and report that person? Can that person travel to the United States ever again? Any information on this type of situation would be very helpful. I'm new to all of this, and it has been hard trying to find information about this type of situation online. Thanks!

  3. #3
    Hi Orion,

    Welcome to the forum. I just wanted to move your post up so others will see it. I'll see if I can find any information for you.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by orion13:
    Do they take notice of this at the airport somehow and report that person? ! </div></BLOCKQUOTE> Yes, passenger list ends up in database tracking foreigns who arrive and leave USA. There wan't be any other special report.
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by orion13:
    Can that person travel to the United States ever again? </div></BLOCKQUOTE> Yes, when some conditions are met. Person has either to stay outside the USA for the duration of ban (10 years for &gt;1year overstay), or have approved waiver before getting a non-immigrant or an immigrant visa to return sooner.

    Was that a general question, or you have a specific situation?

  5. #5
    Thanks for the information given so far. Yes this is a specific situation someone I know is in. He has been here for about 4 years in CT. He never had a work visa or anything like that, I think he just came with friends when he was 19, and then ended up setting up a life here. He says he never expected to stay this long. He likes the United States but he would also like to return to Brazil to see his family and his home country. He wants to be able to return to the United States eventually though. 10 years is a long time to not be able to come back, even just to visit.

    What are the options for getting an approved waiver, or immigrant visa? Is this possible for his situation?

    I am trying to help him weigh the pros and cons of leaving vs. not leaving.

    Thanks for any more advice you can give me!

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
    Yes, when some conditions are met. Person has either to stay outside the USA for the duration of ban (10 years for &gt;1year overstay), or have approved waiver before getting a non-immigrant or an immigrant visa to return sooner. </div></BLOCKQUOTE>Strange,I have heard some reports that even when the 10 year ban is over a waiver is still required to excuse any unlawful presence that may have been accrued hence why it is never a good idea to leave the United States unless a person have fixed their status for some sort of immigrant visa[typically marriage].

  7. #7
    Thank you for your responses. So, it looks like if he leaves the USA now, he will not be able to come back for 10 years, or even longer, unless he is able to secure some type of immigrant visa. What immigrant visas are options for people who have been here illegally for several years? I have seen marriage visas mentioned. Is that an option for someone who has already been here illegally for 4 years? If he were to get married, should he apply for that visa while here, or after leaving to go to Brazil? Are their any other visa options besides a marriage visa for a person in this situation? Again, thanks for any information you can give me!

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Lyric:
    Strange,I have heard some reports that even when the 10 year ban is over a waiver is still required to excuse any unlawful presence that may have been accrued ... </div></BLOCKQUOTE> So, what would then be a purpose of 10 year ban if one would need approved waiver before returning during that period and also after?
    The waiver after 10 years of "sitting out" may apply if there was some other violation of the law or immigration law that would make that person inadmissible regardless of how much time has passed.

    orion, if your friend leaves now and wants to come to visit USA in less than 10 years, he may apply for a non-immigrant waiver. Of course, there are strict conditions about his stay in the USA after the approval and arrival. It is easier to get approved that waiver than immigrant one.

  9. #9
    Thank you for your information Aneri. Any idea how long it takes to get a non-immigrant waiver? Do you know how long someone can stay in the US on that type of waiver? Can he apply for this waiver numerous times in one year if he wanted to have more than one visit? Sorry for all the questions, I'm just trying to get as much info as I can for him.

    Also, does anyone have any more information on immigrant visas he can apply for besides a marriage one?

    Last question: I have heard that the major candidates that are left in the presidential race support giving some illegal immigrants that are already here legal status if they meet certain requirements, (I think they are paying a fee, learning english, filing paperwork, maybe something else too) What is the likelihood that this will actually happen, and if it does, how long do you think it will take to enact this after someone becomes president in 1/2009?

    Thanks for any help with these questions!

  10. #10
    Orion13: You say that a ten-year bar against reentry seems a little excessive...and suggest that a person in this situation should somehow be allowed to visit.

    I remind you that your...er, "friend" already had the opportunity to visit America - and that he thought himself way too important to follow the rules that he agreed to and understood when he was granted his original visa.

    It would appear from the continuing discussion on this thread that your friend really has no intention of voluntarily leaving America.

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