Legal Question in Immigration Law in New York

Is it possible for someone (even if it's a rare case) to get any kind of employment visa or green card through a company sponsorship while he is in the US but overstayed his B1/B2 visa ?

Asked on 9/07/16, 10:04 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Not rare; impossible! It is contarary to the written immigration laws, as they currently are written. A person would need to he grandfathered in under INA 245i in order to be able to adjust status in an employment based case with unlawful presence. USCIS will not approve a change of non-immigrant visa status with unlawful presence. However, if one has less than 180 days of unlawful presence, they can leave the country & have the visa issued abroad.

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Answered on 9/08/16, 9:59 am

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