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Offspring of Permanent Resident, Overstayed Visa

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  • 10-28-2009, 05:45 PM
    ctznkane
    Offspring of Permanent Resident, Overstayed Visa
    I am 19 years old with no children. My father is a permanent resident and my step-mother is a US citizen. Together they have 2 children. I would also like to become a permanent resident but have overstayed my 90 day visa by about 90 days. Could someone suggest a good plan of action? :-B
  • 10-29-2009, 08:08 AM
    LawResearcherMissy
    Re: Offspring of Permanent Resident, Overstayed Visa
    If you were not out of status, your father could have sent in the I-485 for you, which would have allowed you to stay while your I-130 was processing.

    This is now not an option, as you are here illegally.

    You need to speak with an immigration attorney ASAP. You're already subject to deportation as it is. If you're here for another 90 days out of status, you'll trigger a 3 year ban on re-entry. If you stay for a year out of status, it's a 10 year ban.
  • 10-29-2009, 10:22 AM
    ctznkane
    Re: Offspring of Permanent Resident, Overstayed Visa
    So let me understand this correctly, if I leave 179 days after the expiration of my visa, there are no penalties?
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