These are your options AFTER you overstay (not good)
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Күн бұрынYour options become limited after you overstay a visa (or otherwise accumulate more than 180 days of unlawful presence in the US). In this video I discuss a few options which may still be available. Spoler alert: immediate relative family petitions remain an option.
Video by Pouyan Darian, Esq. - I consult and represent clients throughout the U.S. and have streamlined the green card and citizenship process. If you have any questions and wish to consult, please contact me.
Please visit www.darianlaw.com/ or call/text (914) 885-3961 with questions or to schedule a video, telephone, or in-person consultation. Our office can also be reached via email: contact@darianlaw.com. I represent clients in many states and countries throughout the world and I have simplified the process to reduce your stress and so the entire green card application and naturalization process can be completed without ever stepping foot into my office!
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@collinswanyonyi01 2 жыл бұрын
Great job. Very helpful and very insightful
@ApinderSingh-oe1zz Жыл бұрын
Thanks so much
@tetperce1752 2 жыл бұрын
Thank you for enlighteng me...But how I wished I could travel back...
@melodygonzales4670 11 ай бұрын
Hi atty if you are out of status then they try to file you employment visa and PERM was approved that mean there’s a chance to change your status?i hope answer this question thank you so much
@Luladasilva217 2 жыл бұрын
Hello, I am a doctor from India pursuing USMLE exams. I have a 10 years b1b2 visa for doing observership at a hospital in Houston Texas (info filled in ds160 and invite shown in visa interview). But I got a better observership program in silver springs maryland, both in quality and economically cheaper as well. So can I directly go to Maryland from India instead of Houston Texas?? Will there be a problem due to a change in Port of entry from Houston (ds160) and maryland?? Please do advise me on this to avoid any potential problem.. Thank you so much in advance
@silverbowftw5225 9 ай бұрын
Hi Darian! If I didn’t do concurrent filing and my i-130 was accepted while I was still under 21 but my i-485 was filed while I was 21, will that change my immediate relative status?
@iamjstn84 7 күн бұрын
Hi.. thank you so much for this video.. question.. i was a victim of a crime but this was years ago, and i had no idea that i can file for something to help me get my papers fixed, is it still possible to file for U visa even if this happened years ago?
@user-yx8tf8kw5g Ай бұрын
Hello Sir, pleaae answer me i have b1 b2 and i enter to usa and i joined the ship from florida becaue im a crew member and we did cruising from florida to england and i disembark from england to my country, and when i checked my I94 i see i have just arrival there's no departure? What i should do in this case?
@jackb2676 Ай бұрын
Can they sponsor, even i over stayed? Can i use schedule A? Im a USRN
@sandragordon9575 8 ай бұрын
My us citizen son is about to petition for me. I have another son who is under the age of 21 and we have both overstayed our visas, can I add my son to my petition since he is under 21? Is it possible to add my son to the filing or do I have to wait until I get my green card to file for him?
@PixelsPeeper 2 жыл бұрын
Hello Darian, I have entering the US with B1/B2 16 years ago and over stayed. Am planning on leaving for good, but my question was what you were going to recommend me if I decided to stay and fix my status for a better one. By the way awesome video and you were so helpful.
@DarianLaw 2 жыл бұрын
If you leave, you will immediately trigger a 10-year inadmissibility bar. You should definitely consult privately with an immigration lawyer before you leave. I can't go through all of the options in a video comment, but a good faith marriage to a US citizen is probably the easiest route.
@Itsdessyofficial Жыл бұрын
@@DarianLaw hi darrian, if married US citizen how long should be wait before change the status?
@DarianLaw Жыл бұрын
@@Itsdessyofficial It depends on the situation. If you entered the US on a tourist visa, I prefer not to apply for adjustment of status within the first 90 days after your entry. The timeline needs to make sense for your relationship because, eventually, you will probably have to explain everything to an immigration officer.
@mahir8126 2 жыл бұрын
Really good video. I have a question about this. One of my friends is in the same situation. She is becoming a US citizen later this year/early next year. Her parents came here on B1/B2 visitor visa, and overstaying by 2 years due to difficult circumstances. She’s planning to apply for her parents Green Card as soon as she become citizen. But she’s also nervous if her parents will be on the removal list or get deported from the country before she becomes a citizen. Could you please tell how the removal/deportation process work, how much time do they allow to overstay?
@DarianLaw 2 жыл бұрын
There is no time during which they are allowed to overstay. However, they are probably not on any "removal list" and are probably not (currently) priorities for deportation unless they have criminal history or other aggravating factors. Your friend should apply for her parents as soon as she becomes a US citizen. I regularly handle similar cases, so let me know if you (or she) have any questions.
@tristanandmommyworld8057 Жыл бұрын
Hi Darian,I had a question regarding my mom’s upcoming travel. To provide some background, my mom visited us in USA in Oct 2019. She was supposed to depart April 4th but due to Covid lockdown her flight was cancelled and she was forced to overstay her 6 month visa. She was able to travel back only in September 2020, so she is overstayed for 5 months. We applied extension for her overstay but since she already left before any communication back from USCIS, the extension came back rejected. We plan to bring my mom again in a few months and looking to book her tickets, but just wanted to know if anyone faced similar situation and if her upcoming travel will face any problems at border control. Thank you.
@DarianLaw Жыл бұрын
You did everything correctly, so I think she will be okay when she tries to re-enter (as long as you filed the I-539 before her 6-month stay expired).
@trickykillergaming3844 3 ай бұрын
hi i overstay for 2months im h2b before my visa expire at may 14 2023 and i go home july 28 2013 am i ban from appling h2b visa again?
@chrisriley7613 2 жыл бұрын
Hi Darian, I have just missed my 90 day return date on my ESTA visa. I had my drink spiked and have had issues with my Liver so advised not to travel. What are my options?
@DarianLaw 2 жыл бұрын
Super complicated question which I can't answer in a youtube comment. Sometimes it's best to leave immediately (if you've only overstayed by a few days). Other times, leaving can have serious consequences. You should schedule a consultation with an immigration lawyer to go through your situation in detail.
@fleydjipubgm Жыл бұрын
HI Daria, thanks for the video I got a lot but I still have a question about my situation: I came here with J1 visa and I got even SSN (with DHS authorization only) but my visa was experied September 20 and my Grace Period ended the same date in October. Already 3 months passed after my Visa expired. I did nothing about my Visa status. Is there any way to get a green card or any type of visa or even can I get a citizenship in this situation, so I can come back again to the States. What is your opinion and reccomendation as a Lawyer. Thanks in advance.
@DarianLaw Жыл бұрын
If the J1 was subject to the two-year home-country physical presence requirement, then you must leave the US before you an apply for permanent residence. If you are not subject to the two-year requirement and you overstayed your visa, then you will probably need a US citzien spouse or 21+ year old son/daughter to petition for you to become a permanent resident. If you become a permanent resident, then you can apply for US citizenship several years later.
@cussedout 2 жыл бұрын
Hello Darian, I overstayed my F-1 visa by 3 years now. I was mentally ill (got therapy in the US) I stopped attending classes and had been dating a girl since freshman year with the intent of marrying her. The only thing that’s stopping me is wondering if I’d be allowed to marry her even though my F1 visa is expired. We’ve built a business together and everything (in her name of course) and paid taxes and such but I’m worried that once I got to an agency I’ll be deported and not get a chance to marry her. But again I don’t know if I’m allowed to while I’m here in the US
@DarianLaw 2 жыл бұрын
i'm so sorry to hear that you were suffering from mental illness. I need to know more about your case, but overstaying your F1 will not prevent you from marrying a US citizen and applying for a green card. I regularly handle cases for people who overstay their F1 and eventually get married. That, by itself, is not an issue in most cases.
@kwstasmixailidis920 Жыл бұрын
Hello! Thanks for vid . Please answer me if you have to pay some fine for overstaying less than 1year. European citizen
@DarianLaw Жыл бұрын
There is no fine, but if you overstay by moroe than 180 days then there are consequences.
@babygurl3587 Жыл бұрын
Can you please briefly explain how a Canadian Citizen is able to stay? Or recommend an honest Immigration Lawyer in or around Corpus Christi, Texas. Thank you.
@DarianLaw Жыл бұрын
I have a list of trusted attorneys, but can't post it on social media. Call my office or email us and we will send you some referrals.
@mahmudrehman4859 9 ай бұрын
@DarianLaw Hey darian, pls let me know if you are available for an online consultation soon, i would like to discuss my case with you and then you could let me know if you could help
@DarianLaw 9 ай бұрын
I'm available. Use this link to schedule the consultation: darianlaw.com/schedule-a-consultation
@yuranann7654 2 жыл бұрын
Hello Darian, I have M1 visa for flight Training and the I-20 status has expired since November 2021 but my US visa expired until 2024. USCIS said I could not file another extension after I-20 expired. Am I able to continue my flight training? And what should I do now? Thank you.
@DarianLaw 2 жыл бұрын
If your visa expired, and your flight training depends on your visa, then you cannot continue flight training. If your visa has not expired, then you MIGHT be able file for a change of status IF you qualify AND if you are still in your valid duration of stay pursuant to your most recent M1 entry. Otherwise, you are probably accumulating unlawful presence. If you are out of status then I recommend scheduling a consultation with an immigration lawyer to take a realistic look at your options because unlawful presence is complicated and risk assessment can be counterintuitive. For example, if somebody has 1 year of unlawful presence AND departs the US, that person will trigger a 10-year bar from re-entering the US. So sorry for this late response, and good luck!
@babygurl3587 Жыл бұрын
What if you are Canadian going thru deportation process and get married before seeing the judge? An intake officer said do not do it. Why not?
@DarianLaw Жыл бұрын
This is tricky if you entered on a visa waiver program, in which case you may not have the same procedural/substantive rights as somebody who entered on a traditional tourist visa. Don't listen to immigration officers because much of the time they only understand small segments of the law that pertain to their daily jobs. Speak with an immigration attorney.
@amritakang6161 2 жыл бұрын
Hi, I have overstayed on the Esta Waiver 2 days after my 90 days were up due to issues with my boarding pass which led me to missing my flight. Is there another way I can go back to the United States?
@DarianLaw 2 жыл бұрын
Was the ESTA cancelled? If not, it's probably still valid. Be prepared to explain your overstay.
@yuvraajaggarwal 2 жыл бұрын
Hi Darian, - If H4 entered the USA without an H1 holder and stayed the whole year to deliver a USA citizen baby. Transferred from H4 to H1 successfully though had unlawful presence. Can the person get H1 visa stamping from their home country?
@DarianLaw 2 жыл бұрын
The person can most likely get an H1 visa stamp so long as the unlawful presence did not exceed 180 days, but there is no guarantee. This is a really complicated question which depends on too many variables, so I can't answer it accurately.
@brotherbilly7618 2 жыл бұрын
hey I overstay my f1 visa, I had a work permit for 1 year but it was during pandemic no-one was hiring so my visa. expired and my passport as well on the same date so I contact my embassy to renew my passport and they just recently send me a new one after 6 month so I couldn't leave the country without a passport. so after I received my passport I got a job offer and they offered me to sponsor my visa h?b. can I be approve for that visa H1B
@DarianLaw 2 жыл бұрын
No - you can't change your status to an employment-based category if you are out of status. You probably need an immediate relative family petition or a humanitarian option.
@nitindixit6997 2 жыл бұрын
I entered on B1 and got selected in H1b lottery I stayed their for more than 180 days but less than a year .I returned to my home country after 03 months my H1b case was approved and I went for visa stamping at my home country embassy, they cancelled my B1 and ban me for 3 years as I overstayed in my previous visit but I can apply for waiver. Now After 4 years can I apply for B1 visa .
@DarianLaw 2 жыл бұрын
Yes, you can apply now that the 3 year inadmissibility period has finished.
@adam2mohammed 9 күн бұрын
hello, i am 50 came to usa on b1/b2 visa i have over staying since 2018 also i have asylum and i am a cab driver , can i change my visa to h1 or any other because i want to invite my family here my wife and 3 kids on my dependent is there any way to invite my family without any problem. will they depart me to my country will there be any problem to me
@pmyers1634 Жыл бұрын
Hi Darian! Great video here, I just want to consult about my sister’s situation. She went to the US last September 2007 with a b1/b2 visa, she had to stay and give birth because of unforeseen circumstances when she got there, unfortunately when the baby was born he had medical conditions that needed to be observed for a while so our family wrote a petition to the USCIS for an extension, and fortunately it was granted and APPROVED. She was given 6months extension. She left the US 3 months before the 6month extension has expired. Will she have any problems getting another visa? Because she’s currently applying for a J1 visa because she had a job offer in US to participate in a cultural exchange program. Thank you so much, Darian!
@DarianLaw Жыл бұрын
She did not violate her stay if she properly applied for an extension. The extension should not affect other visa applications.
@pmyers1634 Жыл бұрын
@@DarianLaw thank you. Should she bring the I-94 when she gets to have her j1 visa interview? Or they can see it already in their records?
@nasikkhan74 2 жыл бұрын
Hello Darian I'm Nasik M Khan and I have been in the USA for 18 year and I ve entered as a student with a student visa but I ve overstayed and I was deported back in 2014 .. in 2o24 , my ten year ban shoune be complete is there anything accordanc ewith law you can suggest that I do so I can apply for a tourist or a business visa again in near future .. pls note the ice s ND me back with all the paparwoeks but they kept my original passport ..
@DarianLaw 2 жыл бұрын
Thank you for your comment. You should schedule a consultation with a lawyer and email a copy of all of your paperwork to that lawyer before the consultation. This type of situation is complex and you may need an I-212: www.uscis.gov/i-212
@dionk.rwinchester79 29 күн бұрын
So just marry a usa citizen . Waww great advice this seems like the easiest option every lawyer gives
@jahaopolis9415 2 жыл бұрын
Hi Darian! I am here in New York I wanted to apply for Asylum I came here legally but I can not go back for some reasons can you help me, I can not tell that over here.
@DarianLaw 2 жыл бұрын
Yes, we can help!
@carlosjryanayap9113 Жыл бұрын
My father file a petition to his son 34 yrs old and he has b1b2 visa and now he was overstay and waiting his petition inside US. What will happen on his petition if he is out of status.
@DarianLaw Жыл бұрын
That's not going to work. You can't overstay a visa when a citizen is petitioning for an adult son. The son will not be able to adjust status to permanent residence inside the US using that family petition. The son should consult with a lawyer before he has 180 days of unlawful presence in the US.
@daniellink595 2 жыл бұрын
Hi Darian, I overstayed approximately 180 days, they gave me 10year ban. My middleman/hater with my employer/dad told me the visa was fine but it wasn't, I also had a acute brain injury n metal in the skull and have been certified to have induced psychotic illness, brain impairment..I had been there for an et contact to fix my health n the contactee was seen for $400 after I bodged the free meeting up n the next 1... should I only be looking at U-visa ?
@daniellink595 2 жыл бұрын
I would also like to see how many days I overstayed n if after 5 years time I can return. The computer may say its OK now. I was detained n deported from San Diego..
@daniellink595 2 жыл бұрын
Where can I see that please ?
@daniellink595 2 жыл бұрын
Ghanun boshakshiat Bodorgan, merci..
@DarianLaw 2 жыл бұрын
Departing the US after 180+ days of unlawful presence will trigger the unlawful presence bar, but fewer than 1 year of unlawful presence should only result in a 3-year bar (not 10 years). Sometimes you can see case notes in a FOIA request which might explain how many days of unlawful presence you accumulated, or why a 10 year bar was initiated. Although you are not required to be inside the US to apply for a U-visa, the qualifying crime must have occured in the US.
@lozaraptor4748 Жыл бұрын
Hi Darian. I was wondering if you could answer a question for me please? I overstayed my esta by 146 days in the USA. I don’t have a good reason..I fell in love and couldn’t bare to leave. The relationship broke down and I flew back to the U.K. Now I want to re enter the USA to travel. I know I’ll have to apply for a visa but should I be honest about why I overstayed? Would my reason for overstaying stop me from getting a visa again? Thank you so much, I’m just very worried about the stupid mistake I made and hope I can rectify it. Many thanks, lauren
@DarianLaw Жыл бұрын
Your reason for overstaying can result in a denied ESTA application. I'm sorry you're going through this.
@lozaraptor4748 Жыл бұрын
@@DarianLaw thank you for your help. I suppose I’ll just have to try and hope I can be forgiven for making such a terrible mistake. Thanks again
@NikitaKendra 2 жыл бұрын
Hello, I have overstayed my J1 visa by 8 days (I tested positive for covid and was not able to board the plane because I had to quarantine)🥺 I have a medical letter from a medical doctor stating I wasn’t able to fly, also my previous visa sponsor Au Pair care had reached out to the department of state before my overstay even happened. So it is all noted in the system! I will apply for F1 visa in June! Will that he an Issue? :( I had put overstay into my DS-160 and explained my situation, also put my esta got denied since I had to put yes for the overstay question :( I will bring all my documents to the visa appointment but I am so worried :( but my overstay was out of my control :(
@DarianLaw 2 жыл бұрын
Your overstay can create problems with your F1 but I think that you are unlikely to have problems. I don't know for sure but I believe that your brief overstay will not really affect your F1. Good luck with your student visa application!
@NikitaKendra 2 жыл бұрын
@@DarianLaw Thank you so much!! I have it all documented as well, I will take my doctors note, Au Pair Agency letter to the embassy and everything I have regarding my overstay!! I hope I will get the F1 visa!
@DarianLaw 2 жыл бұрын
@@NikitaKendra Sounds good. If you are questioned about your overstay, you should focus on how you intended to depart the US on time, but were unable to leave through no fault of your own. Let us know how it goes after your interview!
@itsruffoutchea6636 Жыл бұрын
I know you answered lots of comments and I don't mean to bother you. But my uncle isn't tech savvy and been driving me crazy about helping him find answers. He met a woman a few months ago at Walmart. Turns out she's here on a tourist visa from overseas. He wants to know what opinions does she have to apply for a green card? One issue is his religion doesn't believe in legal marriage with the state ect. So he wants to know what avenues they can do to get her to stay. I would appreciate your response bc I feel really bad that I kinda blew him off for a month and wasted time, now her Visa is coming to a end. He's went from the happiest I've ever seen him to stressed and worried. I would appreciate your input please.
@DarianLaw Жыл бұрын
Your uncle should schedule a consultation to go through various options, but the most obvious one is a legal marriage. There might not be any other options.
@itsruffoutchea6636 Жыл бұрын
@@DarianLaw ok thanks for responding. He wanted to know bc some ppl get it on their own and that's the route he was looking at.
@DarianLaw Жыл бұрын
@@itsruffoutchea6636 it's very difficult to do that before the expiration of her tourist visa
@okairebarrett9599 Жыл бұрын
I overstayed my visiting visa 2 years ago just got married to my wife which is a us citizen is that ok for me to get a green card?
@DarianLaw Жыл бұрын
Yes, so long as you don't have any other disqualifying factors such as criminal history.Congrats on getting married!
@JJ_0202 Жыл бұрын
Hi Darian , I have a question , Me and my wife overstayed our visa for 4years + . Our Visa before was h4 and h1b. Its hard to apply for the adjustment of status because we are already out of status. my wife parents are both US citizens and all of her (my WIFE) Sibling are all US Citizens. only my wife and me are the only Out of status. We have two daughters ages 9 and 6 they are also a US CItizens. We hired an attorney along time ago when we are still in status but sadly we hired a bad one our attorney focus only on my wife H1b VISA (WORKING STATUS) not even mentioning any possible option. :( . So my quesiton is , Is there anyway that I can still make my Status legal and adjusted. ? Thanks!
@DarianLaw Жыл бұрын
Unfortunately you can't adjust status to permanent residence through any of those family members, except for your children but you need to wait until they reach the age of 21. In this type of situation you need either a (1) 21+ year old US citizen child, or (2) US citizen spouse. Those are the only 2 categories in which an adult can apply for adjustment of status through a family member in the US when he is out of status.
@JJ_0202 Жыл бұрын
@@DarianLaw oh I go it thank you.. so there is no other way to make our legal presence here legal again like any asylum or waiver?
@DarianLaw Жыл бұрын
@@JJ_0202 There MIGHT be other options (such as U visa, asylum, possible TPS in the future), but these are the only family-based options. You also generally can't convert to an employment-based option if you are out of status. Asylum might be possible depending on your country of origin, but there are problems with asylum. I made a 3-part video series on this topic so check those out. One of the biggest problems is that you usually need to apply for asylum within 1 year of entering the US. If asylum is denied your case will be referred to immigration court and you will need to defend your deportation, so there are risks with affirmative asylum applications. There is no waiver that can help you apply through your family members in this particular situation. Here is the first video I made on asylum law: kzfaq.info/get/bejne/i8WjdLpezqy5mGg.html
@jhonlansangan5052 Жыл бұрын
Hi darian i visit the us and stuck because of pandemic and inwas able to file for extension agyer biometrics without the desicion inleft the us after 10months of stay then my extension is aprove will der be any problem if iplan to visit the us this year ive been outside of the us for 2years
@DarianLaw Жыл бұрын
I did the correct thing by applying for an extension and then leaving as soon as possible. The decision will be made by CBP. I think you will be allowed back in, but ultimately it depends on how the CBP officer views it.
@jhonlansangan5052 Жыл бұрын
Thank you for answering my question god bless you sir
@shamsunderraja Жыл бұрын
My asylum case is pending and my daughter is 17 years old can she get special juvenile visa
@DarianLaw Жыл бұрын
Yes, if she qualifies then she can apply for SIJ even with a pending derivative asylum case.
@SumardiSumardi-qx2xf Жыл бұрын
If i will change status from b1 /b2 visa ..how long waiting better time, after entering usa.
@DarianLaw Жыл бұрын
I'm sorry I don't understand the question. Please rephrase.
@SumardiSumardi-qx2xf Жыл бұрын
When good time ...start for change status.from b1/b2 visa . Before over stay...in 6 month
@guyaneselife Жыл бұрын
Hi sir my first visit to the us was in 2016 I return home in 2017 I go back in 2019 married a girl whom I met since 2016 now we had plans to come to my country and open a construction business which I'm doing currently but then she started to lock me out and all sorts of things she is an American and she was going to sponsor me and I said no I didn't came for that so I decided to leave her and return home in 2020 I stayed overall 1 year and couple days. I have a lot of family in the US and I'm married now with one kid and I wanted to take them to the usa for a vacation what are my options
@DarianLaw Жыл бұрын
So you overstayed your tourist visa by 6-7 months? If so, you are barred from re-entering the US for 3 years. If it has been 3 years then you can technically re-apply for a tourist visa. (If you overstayed by more than 1 year then there is a 10-year bar from re-entering.)
@guyaneselife Жыл бұрын
@@DarianLaw i stayed in the us for 560 days so i ended up overstaying for 380 days but now I have my company in my country and also I have other assets like trucks because i have a transportation business also and property and so on. So I want to take my wife and my child and my self for a visa because we have a lot of family there and she never met them and also for vacation purpose
@angelo6771 Жыл бұрын
hello thanks fro ur time ,, i came to usa in 2012 i overstay my visa for love we got married in 2017 ,,but when we were ready for the interview in 2021 ,, we were fighiting our love was ending so she withdraw the petition for me and i left last december to come back to italy,,so unfortunately my story ended and i did not get the green card,............i miss well not her :)) mbut UNITED STATES CAN i apply for E 2 investor visa ?(for an investment of 100k wich will be a gift from my uncle and my father?) can i?
@DarianLaw Жыл бұрын
I'm sorry to hear that your marriage ended. (1) you are probably subject to a 3 or 10 year bar if you overstayed for longer than 180 days before you applied for permanent residence, and that bar started after you left the US, and (2) 100k is usually not enough for an investor visa.
@Kashmatt403 2 жыл бұрын
Hey Darian, I entered USA legally but overstayed for 7+ years, left USA voluntarily though and been in my country for 20 years now, am I eligible to get B1 B2 visa now, please advise at your earliest.
@DarianLaw 2 жыл бұрын
The moment you departed the US you triggered a 10-year re-entry ban. Those 10 years have now passed, so you are probably eligible to apply for another B2 visa. The consulate has the power to approve your B2 visa (because the 10 years have elapsed), but they might deny the visa because they think there is a chance you might overstay (again). It's important to bring as much evidence as possible to your consular interview about your intent to ONLY VISIT (and depart) the US.
@Kashmatt403 2 жыл бұрын
Thanks a lot, I really appreciate it Sir.
@Kashmatt403 2 жыл бұрын
@@DarianLaw Do I have to mention my SSN number in the DS160 form when applying for B2 visa, moreover my father was buried there in the US, would that be a positive point for me to visit the US, please advise, Thank you.
@DarianLaw 2 жыл бұрын
@@Kashmatt403 A social security number is not required for a B2 visa, but I believe the DS-160 will ask you to provide it. Visiting a family member's grave site is a good reason for a tourist visa, but it will still be your burden to prove that you only intend to visit the US. Good luck!
@Kashmatt403 2 жыл бұрын
@@DarianLaw Hope you're doing well If we have a car being financed at the time of applying the visa, can that be one of the positive reasons to show that you're coming back, what do you think Sir
@jalissahi5438 Жыл бұрын
Hello I’m overstay 10+ j1 and extended visa .I have 3 children us citizen .1 child have diagnostic was born .it possible I can apply for relief? Thank you
@DarianLaw Жыл бұрын
You can apply for permanent residence once your children reach the age of 21. Your disabled child can also be a qualifying relative who can help you become a permanent resident if you apply for cancellation of removal, but this is a very risky plan because first you have to be in deportation proceedings. Cancellation of removal is only available as a defense to deportation. If cancellation of removal is granted then you will become a permanent resident. If it is denied then you will receive a deportation order.
@lollypop890 Жыл бұрын
My partner went to the US with an ESTA in September and hasn’t come back to the UK. His passport expires this month. Will he be caught and deported?
@DarianLaw Жыл бұрын
The answer today is "probably not, unless he commits a serious crime." That answer can change tomorrow.
@lollypop890 Жыл бұрын
@@DarianLaw thanks for replying. His brother is in court next month and they both work illegally
@DarianLaw Жыл бұрын
@@lollypop890 historically working illegally hasn't resulted in a large percentage of immigrant deportations
@asubtzi Жыл бұрын
Hello Darian, great video! I have a question regarding my stay here in the US. I got here on B1/B2 visa in December 2021 and was supposed to leave in June 2022, when my I-94 was expiring. Because I wanted to spend more time with my family here, I applied in may 2022 for an extension of nonimmigrant status with the I-539 Form. My fingerprints were taken on the 10th of June, but I haven't yet received an answer from the USCIS. I'm about to leave in a week to my home country. What will happen to my b1/b2 visa upon leaving the US? In case my I-539 application is denied, will I automatically be banned for 3 years for overstaying the 180 days limit? Is there anything I could do after leaving in order to keep my visa from being voided and avoid being ''frowned upon'' on future entries in the US? I appreciate any answer, and I'm truly thankful for your time! Andrei
@DarianLaw Жыл бұрын
Hi Andrei, when you leave in a week, you will not have oversayed by more than 180 days, and therefore the 3 year ban shouldn't apply. Also, technically you are not out of status when an I-539 was timely filed and has been pending. Interestingly it can take way longer than 6 months for that extension request to be decided (which makes no sense). You might possibly have issues re-entering, but you can minimize the chance of problems if you bring a copy of the I-539 and supporting evidence with you to the US during your next entry. Also, be sure to spend enough time outside of the US so that CBP does not think that your intent is to permanently live in the US. Re-entering too quickly after spending 11 months in the US will require an explanation. Good luck!
@asubtzi Жыл бұрын
@@DarianLaw Thanks a lot for the answer, Darian! Do you suggest withdrawing the I-539 after I reach my home country or should I just wat for an answer from them?
@chandrashekharkanna8960 2 жыл бұрын
I had b1/b2 visa entered usa. Timely return home country. And traveled3 times. 3rd time I changed my status to L1 visa and stayed there for 3 years 6months. Overstayed for 3months. While my gc process. And returned to my country 12 years back. Can I come to USA as Vitter to my sibling
@DarianLaw 2 жыл бұрын
If I understand correctly, you had a green card but returned to your home country 12 years ago, thereby abandoning it, and now you are asking whether you can re-enter through a sibling petition? Sibling petitions for most countries take around 14 years to process (it's the slowest category of family petition), so you can only re-enter through a sibling if you filed the I-130 14+ years ago, and entry is not guaranteed.
@ankushkohli2494 2 жыл бұрын
Hi Pouyan I’m divorced n I have my child with me who is around 3.5 years n we both hold b1 visa . Is juvenile visa a good option for me n will it lead to green card or shall I proceed with asylum Kindly help pouyan n guide me the best possibilities for my case
@DarianLaw 2 жыл бұрын
@@ankushkohli2494 It depends where you live. In NY, I have a strong preference for special immigrant juvenile status, but it will only help children under age 21 (and never helps the parents of those children). Asylum might be an option, but asylum only offers protection against very limited situation. If asylum is denied, removal proceedings will typically begin. Be very careful before you proceed with either option. I would DEFINITELY speak with a lawyer to get real advice before making an irreversible decision.
@ankushkohli2494 2 жыл бұрын
@@DarianLaw It means that it will only help the child not the sole guardian of the child then what the only parent will do in that situation?
@DarianLaw 2 жыл бұрын
@@ankushkohli2494 The parents often do nothing, or apply for asylum (in some situations). Other parents wait to marry a US citizen in the future. I know many parents/guardians who remain without status. Special Immigrant Juvenile status cannot help the parent or guardian. Also, after your child becomes a permanent resident or citizen (through special immigrant juvenile status) your child can never file a family petition for a biological parent.
@albertofahengaue7172 2 жыл бұрын
Hi Darian my names albert I'm from New Zealand. I was in America 2014 overstayed there until 2016 and came back to NZ. while I was in the US I build a family I got married and had kids in the US I returned to Australia on my own good will for a funeral but I've been trying to return to my wife and 3 kids that stay in the US is there anything I can do as I miss my family so much I've tried so much places but no good. Please do get back to me if you can help thanks
@DarianLaw 2 жыл бұрын
I'm sorry to hear that you are going through this because US immigration law is very unforgiving. You triggered a 10-year bar when you accumulated more than 1 year of unlawful presence AND departed the US (the departure actually triggered the inadmissibility bar). You will likely need an unlawful presence waiver OR will need to wait until the 10-years has passed (in 2026).
@albertofahengaue7172 2 жыл бұрын
@@DarianLaw thank you for your reply much appreciated. You think I can file anything to do with being married to an American citizen & having 3 kids ? As we are married I probably would need a lawyer ?
@albertofahengaue7172 2 жыл бұрын
If you could help me personally I would like to set up account with you thank you
@DarianLaw 2 жыл бұрын
@@albertofahengaue7172 I could help you personally, but the chances of success are not even close to guaranteed with a waiver of this sort. I would need to speak with you to determine the probability of success. I can go through everything with you during a consultation, if you decide to schedule one.
@taisharubleemoise3885 Жыл бұрын
Hi Darian , can my overstayed visa for 4 months can be forgiven ?
@DarianLaw Жыл бұрын
If you plan to leave, then you should do it before you have 180 days of unlawful presence. After 6 months of unlawful presence you will be subject to a 3-year bar from re-entering the US once you leave and it'll create problems in the future.
@emmanuelyeboah9901 2 жыл бұрын
I want u to help me get my citizenship through a US citizen marriage What is the 1st
@DarianLaw 2 жыл бұрын
You can call or text my office at (914) 885-3961, or you can book a consultation directly through my website: www.darianlaw.com/schedule-a-consultation
@akanshatokas9078 Жыл бұрын
Hello Darian , I accidentally overstayed on my F-1 visa for less than 6 months . I know want to apply for O1 visa what are my options?
@DarianLaw Жыл бұрын
Are you in OPT? You generally need to be in a valid nonimmigrant status to change status here in the US. If you've overstayed by less than 180 days you might be able to depart the US, and process the O1 abroad. I don't focus on employment-based visas. You should IMMEDIATELY speak with an employment visa immigration attorney before you accumulate any more unlawful presence.
@christianvalpascua5813 2 жыл бұрын
If I overstayed my visa for 3 yrs? Can I return to my home country without any penalties?
@DarianLaw 2 жыл бұрын
NO! You have more than 1 year of unlawful presence. If you depart the US, you will trigger a 10 year inadmissibility bar.
@futurenews2618 2 жыл бұрын
My dad has boatbusinnes in the u.s and has a green card im from europe italian nationality could he give me a green card
@DarianLaw 2 жыл бұрын
It's possible, but depends on several factors.
@futurenews2618 2 жыл бұрын
@@DarianLaw what factors ?
@futurenews2618 2 жыл бұрын
And im under 21
@DarianLaw 2 жыл бұрын
@@futurenews2618 Many factors, some of which include: 1. whether the visa bulletin indicates that the category "children of permanent residents" remains current (or develops another backlog), 2. whether or not you're legally in the US (overstay isn't allowed for this category), and 3. whether you have any history of immigration violations. You need to schedule a consultation to go through everything because this is a complicated situation that is not well-suited for a youtube comment.
@jeanniegherardi2720 Жыл бұрын
Im so sick of the illegals,a woman who is 20 yrs plus younger then my elderly dad has been taken advantage of him for more then 4 years, i need to get her deported, how do i do this ??? ice was notified and wont help me
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