If you have an expired work visa, but remained in the US, how would you go about getting another?

Asked 10 months ago - Shawnee Mission, KS

Or is it even possible? He has a daughter who's mother is a US citizen and possibly a child on the way

Attorney answers (3)

  1. David Joseph Trevino

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . There is no way of getting another work visa once you have accrued unlawful presence. It sounds like he may qualify for family based immigration if he were to marry the mother of his child-for all of the right reasons of course. See at attorney for a more detailed explanation.

  2. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You cannot obtain a change of status from one nonimmigrant classification another if your status has lapsed. In certain circumstances, you may be able to apply for a new visa overseas, however, the person may be barred from readmission due to unlawful presence. HE needs to consult with an immigration attorney directly.

  3. Alena Shautsova

    Pro

    Contributor Level 20

    Answered . No change of status for those who fell out of it. Other options might be available: Adjustment based on VAWA, marriage to the US citizen, maybe U visa, asylum, but not another work visa...

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more

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