Legal Question in Immigration Law in Florida

I came to the States with a tourist visa and overstayed. That was in 2005.

I have a job right now, and my employer is so happy with me that he wants to sponsor me to immigrate through employment with him as my sponsor.

Can this be done?. Will I have to leave the country?. What are my chances?. I need a good immigration attorney to handle my case if this is possible.

Thanks in advance for your help.


Asked on 6/30/10, 12:55 pm

3 Answers from Attorneys

Charles Medina Law Office of Charles Medina

Since you overstayed, you might not apply for green card in the U.S. even the employer is willing to sponsor you, unless you are 245 (i) protected. We suggest you to consult with an immigration attorney for options.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 6/30/10, 4:03 pm
Luba Smal Smal Immigration Law Office

Unfortunately, nothing can be done. Even if employer's petition is approved, you are 1) not eligible for adjustment of status, and 2) an immigrant visa will be denied because of the period of unlawful presence of over 1 year, which will render you inadmissible for 10 years should you decide to depart the United States.

There could be some other options that you hadn't covered in your post. However, not through an employer.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 6/30/10, 4:05 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Although the first two steps of the employer sponsorship process should be approved (PERM and I-140), the last step (adjustment of status) will not be approved. Additional information about PERM is here: www.h1b1.com/sponsor.htm

At the same time, if you depart the U.S., you will be barred from entering the U.S. for 10 years. There may be family sponsorship options, if applicable, that allow you to adjust status

You can call our law firm at 212-268-3580 during business hours if you have questions, or email [email protected]

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Answered on 6/30/10, 4:43 pm


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