Legal Question in Immigration Law in New Jersey
Hello I came to the U.S about 6 months ago from Portugal with a tourist visa and ended up staying here.. i liked the country and now i'm illegal because i pass the 90 days permit.
I have an technical-professional course of Lab Technician. What i want to know is what i need to do to get my situation in U.S regulated, by this i mean get an equivalency for my studies and after that start working or study with a visa.
Thank you.
2 Answers from Attorneys
Hi. Once your out of status, then you can't change status. To use your skills and education to get an employment based visa, you'd have to change status while in the U.S. Without more and based solely on what you've written here, departing the U.S. immediately and then applying for the relevant employment visa abroad is your best chance at regulating the current issue. That said, the DoS doesn't have to issue you a visa (based on your overstay) and if DoS does issue you that visa, CBP does not have to admit you to the U.S. upon your return (even with a valid visa). So tread carefully.
Hello - please call me at 2129688600. Kind regards, RDM
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