Legal Question in Immigration Law in Colorado
hello i am writing you regarding my friend who is here in america from europe!
she cam in march on a i94 visa and while she was here she applied for an extension and a work visa we have put oer 2000 dollars into to this company then to come to find out its a scam! her visa was up in june and now she is over stayed now we are trying to figure out what would be the best option for her. being that she is nly 18 she does not want to be banned from the counrty
2 Answers from Attorneys
What was the date of her denial from the Immigration Service? Or was the extension ever filed? If a denial was issued, one would have read the denial to see if it says she started accruing unlawful presence (ULP) in the U.S. as of the date of the denial -- or when her I-94 originally expired. Overstaying 180 days past an I-94 or the date of denial (if ULP starts from that date) and then leaving the U.S. can cause her to be banned for 3 years. Overstaying one year or more can cause her to be banned 10 years of more.
Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction. Please feel free to contact me for a free initial consultation.
Sincerely,
Michael A. Harris, Esq.
Associate Attorney
LAW OFFICES OF
KRAVITZ & GUERRA, P.A.
800 Brickell Avenue, Suite 701, Miami, Florida 33131
Please view my contact information for more information about my professional background.
If it's been more than 180 days since the denial or date of expiration of I-94, she will be banned from USA for 3 years. She shouldn't delay departing the USA as she is in unlawful/illegal status now and can be deported if apprehended. If she overstays by more than 1 year, and departs after 1 year, she will become inadmissible for 10 years.
Probably she should talk to an immigration attorney before deciding what to do next.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.
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