Legal Question in Immigration Law in California

i have a cousin who use to work for as a waiter in cruise liner base in orlando,floride he now decided to stay here in america for good the problem is he only has a I-95 card that was given to him upon his entry here in the u.s. and a crew ID in his possesion. he is single and never been married before. would he be able to legalized his stay here thought he doesnt have his passport in his possesion? even then how? pls help me out cause my cousin is getting really frustrated thx so much in advance


Asked on 1/13/10, 3:19 am

2 Answers from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

He is here illegally and it seems based upon your answer he has no other petitions pending. He should leave the U.S. before being out of status for more than 180 days so he does not become subject to the 3/10 year bar. Then, he have a PERM petition filed on his behalf.

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Answered on 1/18/10, 6:32 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

There are a lot of restrictions on crew people, but never being able to acquire immigration status isn't one of them. What he needs to do is to determine whether he has any immigration options and plan his life accordingly. It may or may not be possible depending on his skills, job opportunities, close family members in the U.S., whether he's admissible to the U.S. (limited criminal record, need for public assistance, contagious diseases, long overstays or other significant immigration problems, etc.). He needs an assessment to get more details.

The above is general information upon which to rely and doesn't form an attorney client relationship. To form an attorney client relationship, client and attorney together agree to that in writing for clarity.

Feel free to contact me for further information at 818 609 1953 or [email protected].

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Naturalization Service

Bd. of Legal Specialization, State Bar of CA

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Answered on 1/18/10, 7:55 am


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