How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108637
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

My friend arrived from Italy legally with passport. He has

Customer Question

My friend arrived from Italy legally with passport. He has over stayed and on Oct 21 he will have overstayed by one year. What can he do to change his status?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

I assume he did not have a B-2 visa and he did not extend the stay? He entered on an ESTA Visa Waiver? What date did he enter and how long did he have to stay?

Customer: replied 1 year ago.
he entered aug 21 2014 I am confident he as permitted to stay 90 days on Oct 21 he will have overstayed by one year
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Did you request a phone call and then cancelled it?

Customer: replied 1 year ago.
no i did not cancel it
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Strange. I sent one to you. Let me know when you get it. I think you can accept it by clicking on the orange button.

Customer: replied 1 year ago.
did that work now
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Yes, it did. Give me a call in about 15 minutes as I have another customer about to call me. I will post my information below. Thank you for the excellent rating and thank you for accepting the additional offer of service. If you would like to request me in the future, please remember to put my name in the subject box. Good luck to you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I have been waiting for your call. No rush, I just wanted to know if everything was ok. Do not worry, I will not be asking for any private information and I am a licensed attorney, so anything we speak about is confidential.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

If you like, let me have your number and I will call you. Please let me know. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Once your friend is out of status even one day, all doors to fixing his status through employment, investment or study are closed to him unless he leaves the U.S. and in your friend's case, because he has overstayed longer than 180 days, it is a 3 year bar meaning when he leaves, he cannot come back for 3 years unless he gets a very hard to get visa. If he reaches 1 year on October 21, it is a 10 year bar. So what can he do? Well, he has the following options:

1) Wait for the immigration reform that comes out. If it is approved the way that they are intending, then he may be able to get Residency if he entered the U.S. early enough.

2) Apply for Asylum (he had to have done this within the 1st year of being in the U.S. unless there is a credible excuse or changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if he fears to return to his home country because he believes that he will be specifically targeted due to his race, religion, nationality, social group or political opinion and that he runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, he would have to prove that he has at least 10 years in the U.S. AND he must also prove that if he is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon him will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.

3) If he marries a U.S. Citizen (for love, of course), he could file for Residency without having to leave the U.S. and the same if he had a U.S. Citizen son or daughter over 21 that filed for him.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.