Legal Question in Immigration Law in California

Re: We have a child,I'm a US Citizen he's here on a Tourist visa

Since you guys already have a 3-year old child and seem close, the best advice would be to get married to each other so that he can get residency through a petition filed by you. That way, the expiration of his B-1/B-2 tourist visa is not a problem at all. He can get a work permit fairly quickly after the petition is filed. If you're not married to him, then you can't help him.

Yes, it's possible that he can get permanent residency through some other ways such as a permanent job offer but it probably will take years to finish the paperwork. In the meanwhile, the tourist visa will have expired and he will have overstayed. This has later immigration consequences unless he can get an extension of the tourist visa, which is only a temporary solution, or change to another kind of nonimmigrant visa. If the criminal charges are not dropped and he's convicted, he might be released to the custody of the INS and be removed from the United States.

Please contact my office if you're interested in going further.

Liem Doan, Esq.

Re: We have a child,I'm a US Citizen he's here on a Tourist visa

To avoid falling into illegal status, he must apply for extension of his B-1/2 status NOW! The INS must receive the extension application before the expiration date on the Form I-94, Arrival/Departure Record. The consequences of overstaying the date specified on the I-94 include being subject to deportation, accruing "unlawful presence" (which could trigger the 3 or 10 year bar from the United States after a certain period of time), ineligible to apply for change or extension of status, the visa stamp in his passport will be automatically voided, and could negatively affect his eligibility to apply for a green card in the future.

The fact that he has a criminal court appearance after the I-94 date does NOT give him any immigration status. Once his visa expires, he will be considered an illegal.

For you to sponsor him for permanent residence, you must be married to him. His U.S. citizen child may sponsor him for permanent residence when the child turns 21 years of age.

You can contact me directly if you have further questions.

Good luck.

Bobby C. Chung

Attorney at Law

2500 Pacific Coast Hwy.

Torrance, California 90505

Tel: (310) 539-2389

Fax: (310) 539-4878

E-mail: [email protected]

Website: www.bccvisalaw.com

Re: We have a child,I'm a US Citizen he's here on a Tourist visa

First of all, extentions for a visa are regularly granted if the following conditions are met:

1) It is your first request, and

2) You have met the time requirement for filing extention.

Anyways, that is a possible way to keep his visa current and unexpired, but you would need to act quickly due to your time constraint. Even if you act quickly, it may be too late for an extention to be granted.

In any event, with regards to your son's father staying in the U.S., there are several possible avenues that may apply.

The commonly available grounds for relief for those immigrants who are subject for deportation:

1) Waiver-this may be possible b/c of U.S. born child

2) Suspension of Deportation

3) Cancellation of removal

4) Withholding of Deportation

5) Adjustment of Status

6) Asylum

These are some of the more common grounds for relief, and some may or may not apply. I would certainly need to get more information from you to help evaluate your possbile options.

In short, you may not necessarily need to marry your son's father to prevent his departure, and marriage in itself is not an absolute guarantee.

You do have a case to keep your son's father in the U.S., especially if you marry and can show that it was a "bona fide" marriage. However, in all truthfulness, the procedures are complex for those who are not familiar with the process or the law.

Please feel free to call if you have any further questions and ask for "Katch."

(213) 384-2220