Visa to be able to work in the USA

Asked over 3 years ago - Florida

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I was living illegaly in the USA for past ten years. I worked as a warehouse manager for an american company...they want me back. Can I do something and apply for some type of a visa? I am in Czech Republic right now.

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Attorney answers (2)

  1. Contributor Level 15

    Answered March 03, 2010 10:54. With the 10 years of illegal presence, there is now a 10 year bar against your return. Unless you can show extreme hardship to qualifying US relatives, you will find it difficult if not impossible to obtain a visa into the US. The embassy won't give you a temporary visa as you were an overstay. If the company files for a labor certificate for you- you can't have earned the qualifying experience at their business and even if the right jub description was created that would make sense- you still would have to wait for about 4-8 years to be able to immigrate as a permanent resident- regardless of the bars.

  2. Pro

    Contributor Level 19

    Answered March 04, 2010 14:33. Since you were in the U.S. illegally for more than a year and departed you subjected yourself to a 10 year bar to inadmissibility. You would need a qualifiying relative to establish your eligibility to come back as an immigrant within the next ten year and you give no indication that you have an approved petition or relative in your question.

    Assuming you are eligible for some type of temporary working visa (e.g. H-1B) you might be able to qualify for a nonimmigrant waiver of inadmissibility under Section 212(d)(3) of the Immigration and Nationality Act. You should consult with an immigration attorney who can review your case and advise you of what options may be available to you.

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