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Eligibility for a Work Visa After Unlawful Presence

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  • 04-23-2010, 05:43 AM
    dylancole101
    Eligibility for a Work Visa After Unlawful Presence
    Hey All,

    I have overstayed 8+ years in the states but I fall under Unlawful presence (left before turning 19). I am back to my country now and planning to study here after finishing my studies can I right away find a company that I want to work for in the U.S and apply for work Visa. am I eligible? If yes will the Visa officer ask me questions on my overstaying? What If I don't show my overstaying status and just show my college education and my *new passport*

    Thanks!
  • 04-24-2010, 07:29 PM
    Mr. Knowitall
    Re: Eligibility for a Work Visa After Unlawful Presence
    Quote:

    Quoting dylancole101
    View Post
    I have overstayed 8+ years in the states but I fall under Unlawful presence (left before turning 19).

    If you overstayed for 180 days or more, that would trigger a three year period of ineligibility.
    Quote:

    Quoting dylancole101
    I am back to my country now and planning to study here after finishing my studies can I right away find a company that I want to work for in the U.S and apply for work Visa. am I eligible?

    Are you presently ineligible to reenter the United States?
    Quote:

    Quoting dylancole101
    If yes will the Visa officer ask me questions on my overstaying?

    I would expect so.
    Quote:

    Quoting dylancole101
    What If I don't show my overstaying status and just show my college education and my *new passport*

    If they know about your overstay, they know about your overstay. I cannot access their computer systems to find out what they do and do not know about you. If you commit fraud to gain entry you risk a permanent bar, so it makes sense to be honest when completing immigration forms and talking to immigration officers.
  • 04-26-2010, 02:10 AM
    dylancole101
    Re: Eligibility for a Work Visa After Unlawful Presence
    I turned 18 on May 2009 and I left on July 13 2009. It's not 180 days so I won't receive a ban right?


    What if a company sponsors me from U.S and I have a strong documents but will my overstay effect the sponsor and strong documents ? Can they give me a visa again?
  • 04-26-2010, 07:44 PM
    T53147
    Re: Eligibility for a Work Visa After Unlawful Presence
    Since you are not banned, you MAY be granted a visa. Whether you will receive one is the decision of the consular official. The decision will be based on factors other than you having no ban; it will depend on your credentials, your employer and the job offered. Just because you have a job offer is no guarantee that you qualify for a visa.
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