Thread: Need Immigration Visa Advice

First of all, let me say I am new to this forum. I think there are a lot of good things going on here and I want to be a part of it.
I was completely, by my own admission, oblivious to this nation's immigration problems up until recently. Then I started to see the problems illegals create and we really should do something about it. So it's great to find a place where I can voice my concerns and contribute to the cause.

Anyway here is my first question:

I know a guy who is here legally as a permanent resident, but his son came here on a 6-month tourism visa. The son has overstayed the visa (he was suppossed to leave sometime last year). The father tells me the son is in fact here "legally" because he is applying to stay here as a permanent resident. Is this true? Or is this kid here illegally and needs to be deported. How does one report it if in fact true?

I guess what I am really trying to say, should this kid have been deported and the father is feeding me BS about applying for him to be here "legally".?? I know the father is going back to his home country for christmas but he will not take his son due to fear of him not being able to return.

Thanks again and I am happy to be on board.

Not being an immigration lawyer I couldn't answer that question, but a quick call to ICE would probably do the trick for you.

Report Suspicious Activity:
1-866-DHS-2-ICE
1-866-347-2423

Let me know what they tell you, you've got me curious now...

I know a guy who is here legally as a permanent resident, but his son came here on a 6-month tourism visa. The son has overstayed the visa (he was suppossed to leave sometime last year). The father tells me the son is in fact here "legally" because he is applying to stay here as a permanent resident. Is this true?

I'm not immigration lawyer, but I believe the son would have been required to obtain an extension of his visa to remain in the United States legally. Just saying he's doing the paperwork is not enough. Without a legal visa or legal resident card - I definitely think he's deporation material.

disclaimer: This is not legal advice.

I've recently read in the papers that many are not returning to their homelands for the holidays because of re-entry issues.

You know, those illegals are just buying time. They will be expelled, once we get our laws in order and the dictator out of office.

Dixie

I can't say what this person's status is because I do not know all the details. There are some situations in which an immigration attorney can obtain an extension pending a hearing.

My guess, however, is that many illegals are overstaying their visas due to optimism over the Democratic majority taking Congress. If amnesty is granted, they want to be on American soil at that time. Put anothr way, a real concern for us should be the fact that the Democrats don't have to succeed in granting an amnesty to cause us some real problems. Optimism over the possibility would be enough to start a fresh wave of invasion. That's why we need to not only stop amnesty, but also do what we can to actively quash any discussion of it as a realistic possibility.

If he actually did apply for permanent residency before his visa expired, then CIS automatically grants a stay of deportation until his green card application is approved or denied. It is sort of a limbo status, neither temporary visitor nor permanent resident. CIS actually counts them as part of the illegal alien population, because they haven't come up with a seperate category for them yet.

Originally Posted by CD23

Anyway here is my first question:

I know a guy who is here legally as a permanent resident, but his son came here on a 6-month tourism visa. The son has overstayed the visa (he was suppossed to leave sometime last year). The father tells me the son is in fact here "legally" because he is applying to stay here as a permanent resident. Is this true? Or is this kid here illegally and needs to be deported. How does one report it if in fact true?

I guess what I am really trying to say, should this kid have been deported and the father is feeding me BS about applying for him to be here "legally".?? I know the father is going back to his home country for christmas but he will not take his son due to fear of him not being able to return.

Thanks again and I am happy to be on board.

WELCOME! Nice to meet ya, CD

Tell me, what do YOU think?

.

If the father is not a citizen he can apply for the son under special
circunstances.

Usually the son would have to wait at least three years in his
country of origin for an interview at a US Consulate and then
obtain an immigrant visa.

It's possible to petition for a change of status if the son is here
as long as the I-94 (the immigration form used to grant stay) is not expired.

Sometimes unscrupulous laywers will file a petition on behaf of
the client just to obtain a work permit until the case is closed.

But by not knowing the details is hard to assess this case.

I am not a lawyer though.

Visa issues and answers can be found at the following link.

http://www.alipac.us/modules.php?name=C ... age&pid=22

Dixie

Originally Posted by TimBinh

If he actually did apply for permanent residency before his visa expired, then CIS automatically grants a stay of deportation until his green card application is approved or denied. It is sort of a limbo status, neither temporary visitor nor permanent resident. CIS actually counts them as part of the illegal alien population, because they haven't come up with a seperate category for them yet.

That's my understanding as well. If they over-extended a visa, but have applied for some kind of status, it comes up "in process" I believe, at least until the application is granted or denied.