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Employment Immigration and previous overstay alien

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  • Employment Immigration and previous overstay alien

    I have an acquitance who was in the US some years ago, overstayed his B-2 visa for 2 or 3 years and worked for a company here in the US. He left the US, did not turn in his I-94 on his departure, and US-VISIT was not in place when he first arrived.

    The employer for whom he work missses him a lot and has been unable to find as good worker as he was to him and is now willing to bring him here legally.

    The question is -- does his previous overstay prevent him for applying for permanent residency if his employer sucessfully gets the labor certification and meets all the appropriate criteria ?

  • #2
    I have an acquitance who was in the US some years ago, overstayed his B-2 visa for 2 or 3 years and worked for a company here in the US. He left the US, did not turn in his I-94 on his departure, and US-VISIT was not in place when he first arrived.

    The employer for whom he work missses him a lot and has been unable to find as good worker as he was to him and is now willing to bring him here legally.

    The question is -- does his previous overstay prevent him for applying for permanent residency if his employer sucessfully gets the labor certification and meets all the appropriate criteria ?

    Comment


    • #3
      Doing well Aguila?

      As for your question, before we even go to the LPR possibility, won't this individual already be subjected to the 10yr ban? Are you saying the employer can files for the removal of this?

      Comment


      • #4
        I think if he overstayed, he is ban for 10 yrs...he have to file waiver.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aguila:
          I have an acquitance who was in the US some years ago, overstayed his B-2 visa for 2 or 3 years and worked for a company here in the US. He left the US, did not turn in his I-94 on his departure, and US-VISIT was not in place when he first arrived.

          The employer for whom he work missses him a lot and has been unable to find as good worker as he was to him and is now willing to bring him here legally.

          The question is -- does his previous overstay prevent him for applying for permanent residency if his employer sucessfully gets the labor certification and meets all the appropriate criteria ? </div></BLOCKQUOTE>

          Hmmm. Misuse of a B-2 to begin with, add an overstay of the alien and an employer that hired a visitor without work authorisation for a period of 3 years, then throw in a petition to bring that same alien back. A recipe for success or failure? I know what I think ...
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #6
            marmaduk:

            Doing pretty well nowadays -- moved from NJ to NY... and I am now in my second semester of law school.

            Well..he technically would be subject to the 10yr ban, but USCIS did not have it together when he originally arrived to the US and when he departed. As I wrote he did not turn in his I-94 on his departure, and if he wanted to come tomorrow to the US he has great chances of coming in... as I have seen many people before US-VIST been able to come and go regarldess of their overstays...

            Assuming the worst case scenario -- that USCIS will know about his overstay if he applies for LPR, is there away for him to get around it?

            navminhas:

            Are there waivers applicable for employment-based applicants?

            sappyconifer:

            My friend does not intend to disclose to USCIS his previous employment in the US should he be able to qualify for LPR. His employer would file for him as he doesn't know him at all... The only issue is the overstay...

            Comment


            • #7
              iam not sure about emloyement ...i dont think so..iam 101% sure about asylum.. but if u need and perfect and right answer u ahould ask Mohan..he can definately tell u the exact answer for ur questions..i can try but knoweldge is not vast and good as him .,..he is best on site,,, so ask him...Thanks

              Comment


              • #8
                Aguila,
                If he's subjected to 10yr ban, I don't see any way his employer can apply for a waiver and get him here.... Maybe sappy knows some other way, but I just don't see it.
                Why not use the FOIA and try to determine whether he's really subjected to any ban or not?

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aguila:
                  marmaduk:

                  Doing pretty well nowadays -- moved from NJ to NY... and I am now in my second semester of law school.

                  Well..he technically would be subject to the 10yr ban, but USCIS did not have it together when he originally arrived to the US and when he departed. As I wrote he did not turn in his I-94 on his departure, and if he wanted to come tomorrow to the US he has great chances of coming in... as I have seen many people before US-VIST been able to come and go regarldess of their overstays...

                  Assuming the worst case scenario -- that USCIS will know about his overstay if he applies for LPR, is there away for him to get around it?

                  navminhas:

                  Are there waivers applicable for employment-based applicants?

                  sappyconifer:

                  My friend does not intend to disclose to USCIS his previous employment in the US should he be able to qualify for LPR. His employer would file for him as he doesn't know him at all... The only issue is the overstay... </div></BLOCKQUOTE>

                  Aguila,

                  So essentially, your colleague would be fabricating answers on his petition with regard to entry exit timeframes. If USCIS were to know, his misrepresentation would be detected and he'd be facing a bigger dilemma than he has already. I can't locate the citation right now, but I did read of a case where an alien also had not turned in an I-94 and thought he was in the clear and later learned that his activities in the USA, clearly demonstrated that he was present in the USA, at the time, although he'd claimed to the contrary.

                  Sounds like a sketchy plan to me!

                  As for a way around the overstay, the only one I can think of would be to marry a USC and seek PR through a marital relationship.
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                  Comment


                  • #10
                    there is NO waiver available for an employment-based immigrant visa...why? because there is NO hardship to an American spouse or child...game over....why do American companies wish to hire those who have already broken and disobeyed our laws? What kind of dirtbag employee will this person make? the first time something doesn't go his/her way, he/she goes postal....HIRE AMERICANS

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
                      there is NO waiver available for an employment-based immigrant visa...why? because there is NO hardship to an American spouse or child...game over....why do American companies wish to hire those who have already broken and disobeyed our laws? What kind of dirtbag employee will this person make? the first time something doesn't go his/her way, he/she goes postal....HIRE AMERICANS </div></BLOCKQUOTE>

                      LLLLLLLOOOOOOOOOOOOSSSSSSSSSSSSSEEEEEEEEEERRRRRR

                      Comment


                      • #12
                        well gee tinydiktimmy....please, by all means, prove me wrong....I say there is NO waiver for an employment based immigrant visa....please....prove me wrong.....find that section of the Immigration & Natiionality Act that proves me wrong....(if you can stop wanking long enough).....come on.....let's see what you are made of......find the law....and pull the plug on your wanking doll.....

                        Comment


                        • #13
                          No waiver, well it was in the National interest maybe.

                          Any application would amongst other things require him to state his prior visits to the US, plus of course if he did not hand in the I-94 they will assume he is still here, up to him to prove his departure date, not the other way around.

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