Legal Question in Immigration Law in New York

Overstay deportation

Hi, my friend came to America during his childhood years and was attending school from elementary through college. His visa expired during junior high school and was never renewed. He is now currently facing deportation. I want to know if there is anyway to obtain a new visa or any means of naturalization?


Asked on 4/04/07, 1:29 am

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Overstay deportation

At this point, it is too late for any other visas. Here are a few examples of obtaining relief from removal for your friend. If your friend has family in the U.S. who would suffer "exceptional and extremely unusual hardship" by reason of his removal and he/she has physically been in the U.S. at least 10 years, he may qualify for a "cancellation of removal." If your friend has been a resident in the U.S. since 1972, he may qualify for "registry." Finally, if your friend has immediate relatives (spouse, parent, or children) who are U.S. citizens, he/she may qualify for adjustment of status while in removal proceedings.

Of course, if your friend has any claim to U.S. citizenship (perhaps derivatively), removal proceedings can be terminated immediately.

Your friend needs to consult with an immigration attorney to learn what choices are available to fight removal.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 4/04/07, 9:48 am


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