Legal Question in Immigration Law in California

My family first came to the U.S. on a B2 Visa in 1993 for pleasure purposes. We then returned back to Pakistan after our 2 month vacation in the U.S. After a year in Pakistan my family permanently moved to the United States, in 1994, on an L Visa. We have been back to Pakistan twice after 1994 just to visit. On June 21, 2000 we came back to the U.S., on our L Visa, from our second trip to Pakistan. We had our Visa up until 2002. As a result of September 11, 2001 we were unable to renew our Visas and faced financial hardship in doing so. We currently hold no Visa. I am having trouble financing college tuition and was forced to decline my acceptance into a few universities here in California. I want to become a legal resident and eventually a citizen so I can be a positive contributor to society.

I need help! What options do I have?


Asked on 9/23/09, 1:05 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Unfortunately, it appers that you and your family are out-of-status or illegally in the USA (after the period of admission on L visa had expired). You can't change or extend status, and you are not eligible to apply for permanent residency at this time. To apply for a "green card"/permanent residency, for instance, you have to be petitioned by a close relative who is a US citizen (wife, parent), and you don't have such a relative.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation in person, or by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 9/23/09, 1:16 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

With a legal entry, you are eligible to adjust status in the U.S. as an immediate relative of a U.S. citizen, meaning, spouse or child over 21. This could work for you eventually should you marry and/or raise a U.S. born child.

Short term, there are few options. With your I-94 expired by more than one year, should you depart the U.S. you're inadmissible for 10 years except for time under 18. If you have a valid claim for persecution you could file for asylum, but the cards are stacked against you for failing to not apply within the first year of your last entry. The 10 year bar is eased somewhat for asylum seekers.

If you luckily changed status to F-1 or otherwise have D/S status, the 10 year bar doesn't apply. Otherwise changing or extending status that is long overdue is not possible without triggering the bar. The immigration law puts you between a rock and a hard spot.

For information on navigating your way through the law, feel free to contact me directly at [email protected] or 818 609 1953. Until then, please don't take this as establishing an attorney client relationship or advice specific to your situation. More information could reveal other options.

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA

"Super Lawyer" Designation by "Los Angeles Magazine" 2004-present

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Answered on 9/23/09, 12:15 pm


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