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Results 1 to 6 of 6

Thread: what do i do.

  1. #1
    there is a young lady who came to the usa from canada on a vacation,no i94 was given to her at the crossing,while here she married a young man,who himself was on TPS status from Honduras,this was 6 years ago.she files joint taxes and was given a tax id number.what do they need to do now to enable her to legally seek employment in the usa.

    thank you

  2. #2
    there is a young lady who came to the usa from canada on a vacation,no i94 was given to her at the crossing,while here she married a young man,who himself was on TPS status from Honduras,this was 6 years ago.she files joint taxes and was given a tax id number.what do they need to do now to enable her to legally seek employment in the usa.

    thank you

  3. #3
    I'm no lawyer, but if she's a Canadian citizen then probably she came in under the waiver program (actually it's not that, but something similar for Canadians), which is likely why she didn't get the I-94. However, she's stayed here 6 years which makes her illegal, and from the sound of it, she's been working illegally as well. Her husband doesn't have any way to legalize her, because he only has TPS and she can't apply for it unless she's also from that country. To sum up, there is probably no way for her to get legal status in her current situation.

  4. #4
    thanks for your input Aliba,but just so as there is no misunderstanding,this girl hasn't been working at all while here,she was given a tax id number cause she was told it was needed at tax time when they filed as a couple.again many thanks

  5. #5
    Whether she worked or not is (I believe) largely incidental to the overstay. That alone makes her here illegally.

    Is there some reason why she and her husband can't go to Canada?

  6. #6
    I knew there was something different about the rules for Canadians, so I did some checking, and found this:

    "What if you are admitted without an I-94 (Canadians), or your I-94 says "D/S" (duration of status)? In such a case, unlawful presence does not begin unless there is a determination by an Immigration Judge or the Department of Homeland Security (DHS, formerly the INS) that you have violated your status. This could happen if you apply for a change of status or extension of stay. In such cases, therefore, it may be better to leave the country and return, rather than applying for an extension.
    If you have overstayed, leaving the United States may be the best thing to do or the worst thing to do, depending on the circumstances. Get good legal advice immediately before you decide."

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