Legal Question in Immigration Law in New Jersey
What are the chances of getting work authorization if I overstay a B2 visa by more than 6 months but less than 1 year?
2 Answers from Attorneys
Generally, a work permit is granted when the individual has an application for a permanent benefit pending, such as an application for asylum or an application for a green card. There are exceptions to this rule (for example, programs like TPS and DACA), but they are very specific and if you just arrived here on a tourist visa, you're probably not eligible for them. I'd need more information about you to know for sure. Moreover, keep in mind that you are not permitted to work on a B-2 visa, and overstaying it (even by one day) or working without authorization are clear violations that would lead to automatic revocation of the visa. Also, if you accumulate more than six months unlawful presence in the US (but less than one year), upon your departure, you will be barred from returning for three years.
Please call me at (212) 968-8600. Kind regards, RDM
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