Out of status and CP

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vijay04

Registered Users (C)
Hello
Guys have an important question. My son (unmarried less than 21 yrs) was out of status for more than 180 days before he went back and we should be up for CP in a few months. My question is would he be debarred from entering the U.S.? would he be able to get his GC? If he gets his GC and is debarred for 3 years, does his GC still hold good? I have been getting conflicting answers from a couple of attourneys. Your response would be highly appreciates.
 
vijay04:

Unfortunately out-of-status exceeding 180 is a cause for concern and can result into a 3/ 10 year ban depending on each case. To start, with out of status exceeding 180 days it is relatively difficult to get GC but if he manages to get GC (which I don't know how) he should be able to enter USA as any normal GC holder. But here the issue is how to explain out-of-status exceeding 180 days. Strongly advice you to consult an attorney such as Rajiv Khanna with spending any more time!

Refer:
http://mnllp.com/engnivtextchart.html And search for the word "overstay"
 
From what I understand, illegal prescence more than 180 days will trigger the 3/10 bar. Out of status does not necessarily consistitute illegal prescense. For example, if you are on H1 and you get laid off, you are out of status, but you do not start to accmulate days of illegal presence until your I-94 expirs or unitl BCIS or an immigration judge has determined that you are out of status. In general, if you stay beyond your I-94, any days after will count towards illegal presence. So you should look into your situation and figure out your son was simply out of status, or actually had more than 180 days of illegal presence.
 
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