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I was on tourist visa till 22 nov 2012, My I-94 is expired. Can somebody still sponsor me on h1 visa by paying a penalty?

Alpharetta, GA |

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Attorney Answers 4

Posted

No, you have to be in status to apply for change of status.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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2 comments

Asker

Posted

Ok I m not sure but my friend said if i m under 90 days than i can pay the penalty 2) Is there anything which u can suggest me, I'm here with my family & 3 kids.

Veronica Tunitsky

Veronica Tunitsky

Posted

I'm sorry, but short of less-than-common avenues, eg, if you've been a victim of a crime, asylum, or the more traditional family route, your choices are to either stay unlawfully (and accrue unlawful presence) or leave. I'm sorry.

Posted

No. Not for H-1. Only via marriage to a USC since you lost status

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Posted

There is no such thing. You can be petitioned but you have to exit prior to the180-day mark of unlawful presence.

Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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5 comments

Asker

Posted

which means i have to exit before may 2013 right? if my visa expired on 22nd nov 2012? how many years bar will i face?

Asker

Posted

Please reply

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

You will not be barred if you exit before you reach 180 days of unlawful presence. I you reach the 180-day mark (but less than one year) before you leave, you will be barred for 3 years. Once you are unlawfully present for 1 year or more before you leave, you will trigger the 10-year bar.

Asker

Posted

Ok I'm still confused so i got in usa on 22nd may 2012 I had a 6 month I-94 which got expired on 22nd nov 2012 so if i leave before 21 may 2013 i wont be barred for 3 years right?

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

That's correct. However, at the interview they may ask you to explain why you overstayed.

Posted

Unfortunately because you lost status you cannot. If you need assistance you should contact an experienced immigration attorney to sort out this issue. If you would like you can contact me at 404.971.2125 and we can discuss your options. Good luck!

This answer does not create an attorney-client relationship. You need to consult with an attorney to determine the best possible outcome for your particular situation.

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