Legal Question in Immigration Law in California

Overstayed tourist visa what are the fines?

I have overstayed my tourist visa which I have entered US legally, 12 years. I have lived with a green card holder for 11 years and married for one year which with whom I have 2 children ages 5 and1. First question: I need to know how much in penalties and fines I am looking at for overstaying 12 years.

Also, in case I return to my home country and file for divorce, I need to know if I file for divorce in order to leave with my children, which both were born here in California, do I have any rights after living 11 years together and 1 year of marriage? He has not yet filed for me, can I do anything about this? I am basically asking if he has advantage over me due to the fact I am not legal? Can I file for a divorce and fight for child custody and child support even though my immigration status? What are the risks? I need help please to pursue this in person with an experienced lawyer to help me further.


Asked on 7/01/08, 9:19 pm

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Overstayed tourist visa what are the fines?

You have a lot of questions, which raise several others for me which would be best answered on the phone. Feel free to contact me.

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Answered on 7/02/08, 2:42 pm


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