Legal Question in Immigration Law in California

Re: Visa Waiver Overstay

Dear Inquirer:

If you depart the US after having been unlawfully present for more than one year, as you have, you will be barred for 10 years from returning to the US, whether you depart voluntarily or otherwise.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like further information.

Re: Visa Waiver Overstay

First off, I'm so sorry to hear your relationship didn't work out after so many years.

Next, if you left the U.S. you'd be inadmissible for 10 years, not forever. The only way I think you could return (after the 10 years or there's a small possibility of coming before 10 years expire) would be if someone applied for permanent residence for you, which without being here, is very tough to do. I'm talking about by an employer or spouse (which given the circumstances can't be on your radar). The only other possibility might be if you had $1/2 or $1 million dollars to invest in an employment creation enterprise. If you were to be immigrated through business or a job offer, you wouldn't come for 10 years unless in the interim you acquired a U.S. spouse or parent who is a U.S. citizen (or permanent resident parent) who would experience extreme hardship here in the U.S. without you. You could also wait the 10 years and be petitioned by a U.S. citizen sibling or parent or permanent resident parent. With a permanent resident parent, you'd have to remain single to immigrate through them.

The other option would be to wait some and see what happens with new immigration legislation which might include people like you, but since nothing has even been introduced into congress yet and nobody can tell you just when this will happen, this option can't be relied on.

As you see, there are a number of options, though each has several conditions and some are less sure than others.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: Visa Waiver Overstay

You really should consult an Immigration Attorney, because there are many ways to get residency, some of which you may already have. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation