Legal Question in Immigration Law in Arizona

Overstay and possible worker programme
My family and I arrived in the U.S 9 years ago on a visitors visa and have overstayed. My questions are as follows:

1. Should President Bush pass the 'guest worker programme' would we be eligable to apply, and if so what are our chances of gaining this.

2. Should the 'guest worker programme' be passed what are the chances of gainning citizenship eventually, as all information I have read implies that 'returning to country of origin' would be the only final option.

3. So as to be 'prepared' for a possible amnesty or guest worker programme, would it be of benefit to hire an attorney in advance so all neccesary paperwork would be in place prior to this happening.

4. One daughter has now reached 20 years of age, would she be eligable for the 'dream act' or will she have aged out.

5. Would 'dream act' be a better option for her so as she would not have to return to country of birth, as the guest worker programme implies.

Thankyou in advance

Asked on 11/30/04, 6:47 pm

1 Answer from Attorneys

Jacob Sapochnick

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Re: Overstay and possible worker programme

Hi,

1. There are no specific details about the guest program yet and it is to early to speculate. But what we know now, a job oofer is important to have in order to benefit from the program.

2. Citizenship or green card are usually derivatives of work visas that allow you to be both a non immigrant as well as a potential immigrant, like H1B visa for example. The guest wprker would be like the H2B visa that we currently have, it is only temporary in nature. Nevertheless, it is possible to find a way to change status or direction while you are in the US temporarily. I beleive that it might be possible with any futre guest worker program.

It is good to have an attorney that can keep you in the database and be the first in line to benefit from new legislation as it is signed into law, rather than starting to shop for a lawyer after law has passed.

Jacob Sapochnick

[email protected]

Answered on 11/30/04, 7:23 pm

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