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  1. #1
    Join Date
    Sep 2016
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    Default Can You Get Employer Sponsorship After Overstaying a Visa

    An immigrant couple overstayed their visa, and have been out of status for ten years. They have two U.S. citizen children. The husband's employer wants to help him get legal status, and is willing to sponsor him. Can you get employer sponsorship after overstaying?

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Can You Get Employer Sponsorship After Overstaying a Visa

    Broadly speaking, if you overstay your visa and do not have a prior application for an immigrant visa filed prior to April 30, 2001, you will not be able to get lawful status in the U.S. There is the possibility of an I-601A waiver based on extreme hardship to a U.S. citizen relative, but no facts have been shared that would support such a petition.

    The parents should discuss their situation with an immigration lawyer to try to determine if any options are available to them.


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