Legal Question in Immigration Law in California

Re: Visitor visa extension

If your father has a visitor visa (B-1/B-2 visa), then you can apply for an extension of stay for a period of time up to 6 months. If the extension is denied, he will not be blacklisted for 5 years. He may be questioned next time he enters the U.S. and placed in secondary inspection at the port of entry, but he should be allowed to come back to the U.S. if he shows no intent to enter the U.S. permanently with his visitor visa.

Also, if you are over 21 years old, and you are a U.S. Citizen, then you can bring your father to the U.S. with an immigrant visa petition immediately.

Re: Visitor visa extension

Yes, absolutely you can. It's possible that when he re-enters, if he does that soon, they could cancel the visa and summarily remove (deport) him for five years, but if he is genuinely a visitor, then he'll go home at least for several months.

If you file for his green card as a citizen, he can be completely overstayed as long as he made a legal entry and qualify for the green card. If you died before he gets the green card, he could have a problem. Apply as soon as you can because you never know. If there are other U.S. citizen siblings, they should too to spread any risk.

Finally if your ultimate plans are to immigrate him, he shouldn't file for an extension as his real intent is not that of a visitor.

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: Visitor visa extension

You can try to file an extension of his status on his I-94. However, there's a chance it will be denied if he has spent a lot of time in the US already and/or if his intent is to remain here permanently. If the extension is denied, it may cancel his visa, since the denial puts him in illegal status. If he leaves on the date of denial however, his visa may still be good for future use.

If your father overstays, it will not affect an immigrant petition you file for him when you become a citizen, as long as your father entered the US legally.

To discuss your specific case further, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.