Legal Question in Immigration Law in Texas

Visa Waiver overstay needs some help

Hello! I was wondering if somebody can help me with the following: I entered the U.S. on a Visa Waiver and I overstayed for several years. I have no criminal record, I never worked here and I'm originally from Europe. The marriage is out of the question for me. I need help with the following questions:

1. Is there any way I can try to get a legal status (permanent or temporary) through employment, even if I entered on a Visa Waiver? If I get denied, what are the risks? Is it true that people who entered the U.S. on a Visa Waiver don't even have the right to see an immigration judge in case they get caught?

2. I heard that some law offices are already accepting 'applications' from people who are in this country illegally, claiming that in case the legislation changes, they would be on a faster track to legal residency. Is that true? If so, does it really guarantee anything?

Thank you in advance for your answers. Any help would be greatly appreciated.


Asked on 4/14/07, 2:17 pm

2 Answers from Attorneys
Dilnaz Saleem Kraft & Associates

Re: Visa Waiver overstay needs some help

If you have overstayed your visa in the United States, the only way that this can be rectified is if you are married to a U.S. citizen and they file a visa petition on your behalf. Otherwise, your overstay bars you from obtaining another visa waiver and will make it extremely unlikely that you would ever be issued a tourist visa.

There is a lot of talk about proposed immigration reform taking place this year. This, however, has not happened yet and you should be careful about who you provide your personal information to.

Dilnaz A. Saleem

www.KraftLaw.com

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Answered on 4/16/07, 9:57 am
TC Langford Langford Law Office

Re: Visa Waiver overstay needs some help

I just want to reiterate what Ms. Saleem is telling you. I know of NO reputable immigration lawyer who accepts money based upon the possibility of legislation that may never happen. There can be no forms completed, as that is designed and made available after the law and the regulations are approved. Any lawyer, or person claiming to be a lawyer that will take your money under those circumstances will likely cause you more harm than good. Ms. Saleem is correct. Keep your personal information private.

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Answered on 4/17/07, 2:39 pm


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