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Illegal after long stay legal

Miami, FL |

Hi I came on work visa in 1998. I was in US till 2010. I left the country and came back on visitor visa in 2012. My brother applied for my I 130 under sibling category then. I never left the country since 2012 and I am illegal now for more than 180 days.

The current immigration reform bill considers people who filed before 2011 to be pardoned after a lengthy process. I stayed legally for 10 years and went out of the country and came in legally and became illegal in 2012. Will I qualify for the pardon?

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Attorney answers 6


No. Not if you left and returned after the cut off date.


No one can answer your question unless and until an immigration reform bill is actually passed by Congress and signed by the President. I would advise you to schedule a consultation with an experienced immigration attorney to discuss options available to you.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654,, The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


No one can answer that question. There is no new immigration law and there is uncertainty as to whether there will be. One can only speculate.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


The legalization program has not been enacted yet. It is a proposed bill that is going through debates. We will have to see if you qualify based upon the final law, if it is enacted.


The reform bill is not finalized yet. You have to wait to see what the final details are when and if it is passed.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


There's no new law yet so there's no way to know if you would qualify for the pardon. Either way, the proposed bill suggests a cut-off date of entry as Dec. 31, 2011, but again, this is still indefinite. Since you are here without status just try to lay low until you get a response for your petition. You can check the status of your application here:

**The information available on this post is for informational purposes only and not for the purpose of providing legal advice.**