need suggestion on this case.

4

485GCCase

Registered Users (C)
I know someone who came on tourist visa and I-94 allowed stay only until august. He is continuing to stay now until December with out any application for extension to stay. What might happen to his tourist visa. He is a 73 year old man and has entered US many times and left in 4 months. Only this time the law is broken. In his next visit he wants to apply for a green card through his citizen son.

Please suggest if any serious action could be taken...as previous all years he left within 4 months when he could have stayed for 6 months.

What could be done now for rectification? GC can not be applied now as he doesn't have proper documents for it.

Thanks guys
 
please guide for this case.

I know someone who came on tourist visa and I-94 allowed stay only until august. He is continuing to stay now until December with out any application for extension to stay. What might happen to his tourist visa. He is a 73 year old man and has entered US many times and left in 4 months. Only this time the law is broken. In his next visit he wants to apply for a green card through his citizen son.

Please suggest if any serious action could be taken...as previous all years he left within 4 months when he could have stayed for 6 months.

What could be done now for rectification? GC can not be applied now as he doesn't have proper documents for it.

Thanks guys
 
please guide here....

I know someone who came on tourist visa and I-94 allowed stay only until august. He is continuing to stay now until December with out any application for extension to stay. What might happen to his tourist visa. He is a 73 year old man and has entered US many times and left in 4 months. Only this time the law is broken. In his next visit he wants to apply for a green card through his citizen son.

Please suggest if any serious action could be taken...as previous all years he left within 4 months when he could have stayed for 6 months.

What could be done now for rectification? GC can not be applied now as he doesn't have proper documents for it.

Thanks guys
 
please guide....

I know someone who came on tourist visa and I-94 allowed stay only until august. He is continuing to stay now until December with out any application for extension to stay. What might happen to his tourist visa. He is a 73 year old man and has entered US many times and left in 4 months. Only this time the law is broken. In his next visit he wants to apply for a green card through his citizen son.

Please suggest if any serious action could be taken...as previous all years he left within 4 months when he could have stayed for 6 months.

What could be done now for rectification? GC can not be applied now as he doesn't have proper documents for it.

Thanks guys
 
So far as he does not overstay by six months or more, he will not face a ban when trying to reenter. However since he has overstayed, his visa is automatically voided so he will have to go for a new visa. He might be refused the new visa due to his overstay.

If his visa application is refused, his son can still apply for the green card for him and he will do consular processing in his home country.
 
485GCCase said:
I know someone who came on tourist visa and I-94 allowed stay only until august. He is continuing to stay now until December with out any application for extension to stay. What might happen to his tourist visa. He is a 73 year old man and has entered US many times and left in 4 months. Only this time the law is broken. In his next visit he wants to apply for a green card through his citizen son.

Please suggest if any serious action could be taken...as previous all years he left within 4 months when he could have stayed for 6 months.

What could be done now for rectification? GC can not be applied now as he doesn't have proper documents for it.

Thanks guys
Click to expand...

He is already PLANNING to commit VISA FRAUD. He plans to enter as a tourist again for the express purpose of filing for adjustment of status.


He is apparently planning to depart because he did not bring all the required paperwork on the latest entry, therefore, he should plan to return as an immigrant following consular processing. He apparently did not plan to stay permanently when he entered last time so he has not yet actually committed any visa fraud YET. He should not start his immigrant journey via VISA FRAUD, he should do it the right and legal way.
 
485GCCase said:
In his next visit he wants to apply for a green card through his citizen son.
Click to expand...

If the officer at the POE notices his overstay, his visa will be canceled and he will be refused entry. And he will be unable to get another tourist visa in the near future.

For the GC, his son can file the I-130 now to initiate the process so he can get a consular interview early to middle of next year. He must leave the US before 180 days of overstay in order to avoid the 3-year ban.

What are the missing documents? For an I-130 that is filed with the consular processing option selected for Q22, the documents are minimal at the initial stage, with the bulk of the paperwork to be done at the end of the process when he's back in his country awaiting the consular interview.
 
485GCCase said:
He is continuing to stay now until December with out any application for extension to stay...In his next visit he wants to apply for a green card through his citizen son...
Click to expand...
it would be alot easier if he continues to stay and just try to get all the proper documents while staying in the US. He might have overstayed but it will be an easier process if he has the documents...see if you can get them via mail...
 
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