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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12049
Experience:  10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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I overstayed my j-1 visa for 8 years. I live in new York now.

Customer Question

I overstayed my j-1 visa for 8 years. I live in new York now. My aunt and cousin living in Texas are us citizens through aunts marriage. My father lives in Russia now. If my aunt applies for a green card for him based on the fact he is her brother, will I get a green card eventually too?

If I marry us citizen, will my overstay cause a problem? What if I marry green card holder with Canadian citizenship?
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Georgetown Lawyer replied 5 years ago.
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....was your J1 subject to the 2 year home stay (212e)? are you over 21?
Customer: replied 5 years ago.
I am 27. I don't think my visa was subject to 212e.
Expert:  Georgetown Lawyer replied 5 years ago.
Since you are over 21, you cannot get a green card if your aunt files for your father. Once your father gets his green card, he would have to petition for you but it will not help you because you overstayed your visa. Once you have overstayed a visa, only marriage to a u.s. citizen forgives your overstay. Marriage to a green card holder, does not forgive the overstay. I hope this helps clarify.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Customer: replied 5 years ago.
Can I get a green card through green card lottery considering my overstay? Is there any way to get some sort of Canadian papers without having to leave US?
Expert:  Georgetown Lawyer replied 5 years ago.
No, you cannot. As I stated only marriage to a u.s. citizen forgives the overstay. You would have to go to Canada to get papers for that country, just as you have to come to the u.s. to get papers for the u.s. I hope this helps clarify. Thanks and please be sure to click ACCEPT so that I may be given credit for my time and answers. Clicking ACCEPT does not charge you anything more and encourages experts to continue to answer your questions. Best regards.
Georgetown Lawyer and 3 other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
How does deportation process look like? If I commit a light crime and get caught will they put me to jail and deport promptly or is it a long process and I will be able to stay in us for a while?
Customer: replied 5 years ago.
Can I travel safely within US? I mean by plane? I have valid international travel passport but no visa of course.
Expert:  Georgetown Lawyer replied 5 years ago.
this is a totally different question and unrelated to the original, in future you need to post it as a new question. how the deportation process works is different with every case and every officer. you will have a right to go to immigration court and fight deportation in each case. I would urge you to talk with a local immigration attorney and also not to commit any crimes..."light" or otherwise. Thanks and good luck.
Customer: replied 5 years ago.
Ok, No more questions, thanks for help. Please answer previous question about traveling by plane within us...
Expert:  Georgetown Lawyer replied 5 years ago.
Feel free to ask questions, just post them as new if they are not related to the original question...such as these final 2. you do not need a visa to travel within the u.s. thanks and good luck.
Customer: replied 5 years ago.
Thank you for your advices. Happy New Year 2012!
Expert:  Georgetown Lawyer replied 5 years ago.
You're welcome. Happy New Year!

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