Legal Question in Immigration Law in California

Immigration. RN sponsorship
I am an RN who graduated in the US and I
passed the NCLEX test. Currently, I have an RN License
from Utah. I arrived the US with a tourist Visa in 2000. My
I-94 expired a couple months after that. I would like to know if I will be able to get legal papers through an RN sponsorship program even though I overstayed since 2000.

Asked on 1/21/08, 3:50 pm

2 Answers from Attorneys

Janet Greathouse Greathouse Law Firm

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Re: Immigration. RN sponsorship

Unfortunately, your options are limited. Because of your overstay, you are not eligible to apply for adjustment of status (i.e., apply for a green card while in the United States) unless you qualify for 245(i).

If you are able to have an I-140 petition approved, you may be able to apply for an immigrant visa abroad. However, as soon as you leave the United States, you will be subject to the laws regarding inadmissibility. This means that you would be barred from entering the United States because you overstayed your authorized period of stay by more than 1 year. As a result, you would need to assess whether you will be able to apply for a waiver of admissibility before you leave the United States.

In either case, you should consult an immigration attorney.

Answered on 1/25/08, 2:03 am

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