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Thread: Is someone whose Turist visa has been cancelled eligible for a labor based visa?

  1. #1
    If a person whose turist visa has been cancelled while trying to renew it because it extended its stay longer than the 180 days permitted can apply for a labor based visa if there is a company offering a job? Thanks for any thought you can share.

  2. #2
    If a person whose turist visa has been cancelled while trying to renew it because it extended its stay longer than the 180 days permitted can apply for a labor based visa if there is a company offering a job? Thanks for any thought you can share.

  3. #3
    It would depend on your overstay, how long it was, and for what reason. You don't provide nearly enough info for any reasonable answer.

  4. #4
    Thanks for your comment, i will try to be more specific, it is a family, only the kids younger than 16 stayed 85 days longer than permitted, they were participating on golf tournaments. They were enrolled to school due to an advice of someone in their golf club - No child without school regulation basis - They filled for an intra company L1A visa, the petition was granted, but on their consular appointment their visas were cancelled becaused of the overstayed. Can they get any type of waiver? The intra company L1A is still valid? Thanks for your comments.

  5. #5
    A 16 y/o accumulating illegal presence? Statutory ineligible for less than 90 days overstay? You sure there was not a finding of fraud?

  6. #6
    The father of the family was working for a company in Mexico but doing businesses in the states, he bought a house and took the kids for their golf practice, because of their immigration attorney recommendation they filed a consular L1a petition, so they reported their Mexico address and did not mention they were already living and the kids studing in US. when asked on their consular interview about this, they accepted that fact and their turist visas were cancelled. Is a waiver applicable?

  7. #7
    You can apply, but most likely will be denied as an intending immigrant, even for a minor.

  8. #8
    Hey guys you are really great!!!Thanks for your kind answers. What visa would be suitable then? forget about L1A and try to process a immigrant one? Always with a waiver attached? thanks again.

  9. #9
    Someone12
    Guest
    So these paragons of society were working illegally on tourist visas (no one can remain in the US for months and months unless they are as rich as Bill Gates), then they tried to hide the truth (they LIED), put their putting brats into public school at taxpayer expense, and now, miraculously, they want an L1 visa and you think they are entitled to a waiver? Why? What's wrong with supporting AMerican citizens, you unpatriotic enema bag????
    These slime***** lied to our consular officials and our border officials....but hey, those 'pros' at the golf course knew better....so tell you what....let those douchebags give your 'friends' a visa...we don't want nor need visa cheats in America...this is the United States of America, and Mexico is not a 51st state.
    So yuk it up, yucatan...and please, go ahead and try some immigrant visa....what you'll find out is that there is NO waiver for douchebags for employment-based immigrant visas (no hardships, except of course for the American workers who might be displaced if this visa cheat were allowed to come to MY country- - which he isn't!)
    So let them rot in Mexico, enjoying their country club lifestyle south of OUR borders....I'm sure there's a golf course their brats can play on down there.

  10. #10
    Someone12
    Guest
    And any American company with even an ounce of patriotism should be hiring Americans (so your friends should seek employment over at ProudUSC's toilet-cleaning company -she hires anyone with a pulse [and no green card, and who doesn't speak English very well])

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