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Expert James
Expert James, Immigration Attorney
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I have an acquaintance who entered into US legally with a B1/B2

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I have an acquaintance who entered into US legally with a B1/B2 Visa. But he is out of status now because the Visa has expired.

How would he be able to remain in the US at this point?
Considering the latest on Immigration laws does he even have a chance to stay in the US?

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The visa stamp in his passport is not the issue. It is the I-94 that he received when he entered the US that will be important. So what is the expiration date on the I-94 he received when he entered the US?


Customer: replied 4 years ago.

November 2008. Six months after entering US.
Although he says his Visa expires 2018 if that counts for anything
Unfortunately, it does not mean anything to have a valid visa. The only reprieve he could be eligible for is adjustment of status to permanent resident, but only if he is petitioned by a US citizen son/daughter 21 years of age or older, or a US citizen spouse.

He cannot change his status to any other non-immigrant status, since he is currently not in any lawful status from which to change or extend.

As far as any new laws, none have come down the pipe of congress as yet. They are discussing a few options, but nothing has even been brought to a vote, so speculating as to whether it will benefit your friend is of no use, since we have no idea if any new laws will affect people in his situation.

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