L1 Visa out of status- Can a greencard be applied for?

[karankhiani]

Hi Everyone,

My brother in law came into this country about 40 days ago based on L1 visa with his company. The visa expires in 2014 but he just found out he will get terminated from his company on this coming Friday. Now he is considering to apply for a Greencard based on the fact that his wife(my sister) is already a US Citizen. Is it possible for him to do this considering that he will be out of status after Friday? And if he choses not to return to his country immediately will he be deported?

 

[littleadv]

He can, his wife must submit the applications before Friday (well, too late probably).
If he's already out of status, then better consult with an attorney, but a couple of days out of status wouldn't be a problem (if she sends everything next week). However, a waver might be required, and the longer he remains out of status - the harder it will be. Better move very very fast, you're racing against the clock, and starting late at this point.

If he chooses to return to his country right now then there will probably be no issue. If he stays out of status too long (more than mere days after the termination), then he'll have difficulty to return to the US, and the GC process through his wife will take much longer than if he's in the US, and will cost much more. If he's going for the green card - he shouldn't leave the country until the GC process is complete.

As long as the GC application is pending he will not be deported.