Thread: Need Immigration Visa Advice

Originally Posted by anniealone

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.

So did they have to apply for the permenent residency before the visa expired?? Is that the key here? What happens if the visa expired and the application wasn't filed until a couple of months later??

Originally Posted by CD23

Originally Posted by anniealone

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.

So did they have to apply for the permenent residency before the visa expired?? Is that the key here? What happens if the visa expired and the application wasn't filed until a couple of months later??

It would be wise for your friend to get accurate advice from an immigration attorney.

We don't provide that advice.

Wish him well but it's not our venue and wouldn't be wise for us to become involved Especially since he's now considered an ILLEGAL ALIEN.

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Originally Posted by CD23

Originally Posted by anniealone

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.

So did they have to apply for the permenent residency before the visa expired?? Is that the key here? What happens if the visa expired and the application wasn't filed until a couple of months later??

Under normal circumstances, such an individual would be required to first return to his home country and then sort out the visa issues. I believe that there are circumstances under which an extension would be granted, but that is not the normal course. I base this on the various issues my brother-in-law, who is British, had to deal with under similar circumstances when he was urged to overstay his visa by a couple of weeks while working on the Y2K problem because the employer had missed a filing deadline on his work visa extension. He ended up having to return to the UK for almost two years while the issue was resolved.

BTW - What is the nationality of your friend and his son?

The subject (perhaps illegal) in question is Dominican.

Originally Posted by CD23

The subject (perhaps illegal) in question is Dominican.

I know it's difficult to accept, however, according to US Law, if he's overstayed his visa, he's an ILLEGAL ALIEN now.

Sorry it's a difficult bullet to swallow..........
But, I'm sure that you can understand how Americans who abide by the Rule of Law are pretty tired of Illegal Aliens ignoring the Rule of Law.
That's the scoop.

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Originally Posted by 2ndamendsis

Originally Posted by CD23

The subject (perhaps illegal) in question is Dominican.

I know it's difficult to accept, however, according to US Law, if he's overstayed his visa, he's an ILLEGAL ALIEN now.

Sorry it's a difficult bullet to swallow..........
But, I'm sure that you can understand how Americans who abide by the Rule of Law are pretty tired of Illegal Aliens ignoring the Rule of Law.
That's the scoop.

.

So I can report the kid to try to get him deported? Do you think the immigration officials will actually bother to check and go through with it?

Originally Posted by CD23

Originally Posted by 2ndamendsis

Originally Posted by CD23

The subject (perhaps illegal) in question is Dominican.

I know it's difficult to accept, however, according to US Law, if he's overstayed his visa, he's an ILLEGAL ALIEN now.

Sorry it's a difficult bullet to swallow..........
But, I'm sure that you can understand how Americans who abide by the Rule of Law are pretty tired of Illegal Aliens ignoring the Rule of Law.
That's the scoop.

.

So I can report the kid to try to get him deported? Do you think the immigration officials will actually bother to check and go through with it?

Hmmmm, where'd you get that idea? That sounds awfully odd
Look up above a few posts and you'll see what my suggestion was to you:
It would be wise for your friend to get accurate advice from an immigration attorney.

We don't provide that advice.

It's your choice to report him or not. It's also your choice to suggest that he be honest and follow the law. Good luck with whatever you decide to do.

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Hey2AND?

I wouldn't call this person a friend so I am not going to suggest anything to him (attorney advice or anything)...I was just looking for advice as to whether people here thought this sounds like an illegal alien and I am getting conflicting reports. And if I reported, would anything be done about it?

Anyway, I see you are from NJ...Me too. I am from Central, NJ!!

Thanks for your help.

Originally Posted by CD23

Hey2AND?

I wouldn't call this person a friend so I am not going to suggest anything to him (attorney advice or anything)...I was just looking for advice as to whether people here thought this sounds like an illegal alien and I am getting conflicting reports. And if I reported, would anything be done about it?

Anyway, I see you are from NJ...Me too. I am from Central, NJ!!

Thanks for your help.

CD
if the kid overstayed his Visa for so long, he's not within the law.
Call NJ ICE and see what they'll do if that's your choice.

The father obviously KNOWS that the boy is ILLEGAL or he wouldn't be worried about taking him out of the country. Don't you find that odd?

You have a choice. No one can make it for you. However, in NJ, as well as throughout the nation, our hospitals are closing because they must give these people free care while Americans are paying for that as well as their own.

Our schools have gone from the top 1 - 10 in the nation down the tubes with a watered down education for American kids. Colleges are taking Illegal students who are taking seats from American kids. From NJ kids.

Now Corzine wants to raise our taxes even higher {billions are being paid in services to ILLEGAL ALIENS} --- make TOLL ROADS everywhere throughout the state!

And still..........ILLEGALS are getting services that Americans cannot in the state of NJ.

I don't know how old you are. I don't know if it's your parents paying the taxes or if you're out in the work force. Either way, it's coming out of your family's pocket, CD. We, Americans are paying an extremely high price for the people - good and bad - who refuse to value our Rule of Law.

We have lost over 28,000 Americans to ILLEGAL drunk drivers since 2003. This doesn't even include violent crime. I find it so disturbing that people are screaming about our troops who are fighting a devastingly evil enemy and are being killed while serving their country but these same people are NOT mentioning a word about innocent Americans being murdered every single day by the droves to ILLEGALS who don't give a flying fig what they do to destroy this beautiful, giving country. Our American brothers and sisters are being cut down going to work, dinner, school, church and not ONE WORD of care or thought or consideration for the monster that we have created by the simple act of ignoring the Constitution and the Rule of Law.

But what, in my heartfelt opinion, is the worse, is that our Constitution is being shredded, our Bill of Rights torn up, all in the name of Humanity.
STRANGE.....isn't it.......that because we care about humanity, America gives more money to other nations. We give more food and aid on a yearly basis than any other nation in the world.

These people need to stay in their own countries and fix them while we get to work to fix ours. We cannot give up our Sovereignty, our Constitution to the world's humanity because THEY WANT IT. It's insanity.

It's further insanity for our elected officials, the government, to ignore the Rule of Law that has served us so well for over 230 years.

{vent over

Again, this is on your shoulders and you need to make the choice. Your country, your family or someone who chooses to ignore what we value most? It's difficult and I hope that we have enough information here that will help you understand this complex situation we are in. I truly do. Your future depends on it.

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