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IMMIGRATION: Overstayed my visa after getting involved in a Start-Up with very Respectable Investors. Any way to fix this?

Redmond, WA |

A business opportunity suddenly emerged during the 6th mo. of my legal stay here. I tried to go back to my country as fast as I could to not overstay my visa, but as things advanced in the start-up, I found myself stuck here longer than I expected. This start-up I got involved in as co-founder, has received serious amounts of seed investment from some of America's most respectable investors, created millions of dollars in revenue, offered jobs to dozens of Americans and is even creating a tremendous positive impact in the US tourism industry and therefore, the economy as well. Is there a way to justify my stay and fix my immigration status? Is it possible to re-enter as investor (a friend in the same situation did back in 03)? Could the new reform help my case? Any other solution? Thanks.

P.S. Have overstayed my visa for 10 months so far (10 months past the 6 month allowance). I do understand my situation, and I do understand the fact that I need to make a consultation with an experienced lawyer. All I am trying to understand is if there is any option/solution (they don't need to tell me which until discussed in person) to my case in order to take the next step forward.

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Attorney answers 4

Posted

Again, you need a consultation, not a brief comment in passing.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Posted

Unfortunately not. You are deemed to have been out of status from the day your I-94 expired and you are currently accumulating "unlawful presence". Accumulate 6 months worth and you will be deemed to be "inadmissible" for 3 years once you depart; accumulate 1 year or more = 10 year banishment from the U.S.! Better make plans to leave at once. Hopefully not already too late. As for returning, you will undoubtedly run into problems. Spend a fistful of dollars to schedule a phone or Skype interview with an excellent immigration attorney to analyze your case & options available to you. You would be a fool not to. It is not in a free, general forum such as this that you are going to find a solution to your problems and decide upon the best strategy with which to push forward..

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

Hi Anu, thanks for your response. I forgot to specify that I have overstayed my visa for 10 months so far (10 months past the 6 month allowance). I do understand my situation, and I do understand the fact that I need to make a consultation with an experienced lawyer like yourself. All I am trying to understand is if there is any option/solution (they don't need to tell me which until discussed in person) to my case in order to take the next step forward. A friend of mine went through the exact same circumstances and re-entered the country as investor back in 2003.

Asker

Posted

Hi Giacomo*

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

These are (vastly) different times than back in the good old days of 2003..

Asker

Posted

Does that mean there is basically no option/solution and it would be pointless to contact a law professional for this case?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

No, it does not. Means you finally have to bring yourself to take some responsibility to do something about your situation... Better be a Skype consultation with a lawyer, as Skype is still relatively secure and everything will remain confidential.

Posted

Depends on how long you stayed in the US after your visa expired, and if you ever filed for an extension. If you were here over 6 months after visa expiry, perhaps you would fit into one of the exceptions for obtaining a green card. Suggest you speak with an attorney in person.

Business Immigration Attorney with 17 years of immigration law experience. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

Asker

Posted

Hi Anu, thanks for your response. I forgot to specify that I have overstayed my visa for 10 months so far (10 months past the 6 month allowance). I do understand my situation, and I do understand the fact that I need to make a consultation with an experienced lawyer like yourself. All I am trying to understand is if there is any option/solution (they don't need to tell me which until discussed in person) to my case in order to take the next step forward. A friend of mine went through the exact same circumstances and re-entered the country as investor back in 2003.

Anu Gupta

Anu Gupta

Posted

Unfortunately it is not 2003 anymore. Immigration laws are not exactly friendly at this time. There are a couple of options that you may be able to avail of, but there is no way to tell if they will work for you, unless an attorney knows a lot more about your case.

Posted

I agree with the previous answers. There are possible solutions, best discuss them in person or by telephone with an attorney. Do it ASAP.

Maria J. Marty Attorney at Law | mjmarty@mcaulifflaw.com | Office: 206.494.9999 McAuliff Law Firm | 14205 SE 36th St., Suite 100 | Bellevue, WA 98006 www.mcauliffimmigration.com Skype ID: mjmarty-mcauliff This is general information and not legal advice. For a more complete assessment of your situation, please contact our office. Our practice is limited to U.S. Immigration Law. Our attorneys have over 20 years of experience representing international companies, investors, professionals and families with US immigration matters.

Maria J. Marty

Maria J. Marty

Posted

Just read that you have been out of status for 10 months. So if you leave the US you will trigger the 3 year bar. Good faith marriage?