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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28811
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have a friend who overstayed her visa. She has had 2

Customer Question

I have a friend who overstayed her visa. She has had 2 children in this country. Ages 10 and 7 is there any way to make her a legal resident so she can support her family
Submitted: 8 days ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 8 days ago.

Good morning, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Judith Ludwic replied 8 days ago.

I am a new attorney.

Did your friend enter the country legally with a visa or illegally?


Customer: replied 8 days ago.
Legally 15 years ago
Expert:  Judith Ludwic replied 8 days ago.

Thank you.

The only way she can get legal status would involve her having to return to her home country and requesting a waiver of her 10 year bar because of her overstay of more than 1 year.

So an employer files a labor certification for her and in advance has advertised the position and can prove that no available, willing or qualified US citizen applied for the job.

If that is able to be done and the labor cert is approved the employer then files a petition which has to show she is going to be paid the prevailing wage the Dept of Labor says needs to be paid for this job. The employer has to show they are economically sound enough to pay this wage and all other business expenses.

Once this petition is approved she leaves the US and files the waiver on form I-601. She may be able to file form I-601A prior to leaving which cuts back on the time she has to wait outside the country.

When this is approved she can then apply for her immigrant visa and return.

All this is extremely complex. I have tried to just give you a brief outline of the process so you can evaluate if this is even a possibility.

Experts are only paid for their time providing you a low cost alternative to getting immigration law information if you RATE their answer. Everyone likes to think that their time and knowledge has value, I am sure you expert to be paid at work for your time and knowledge. It is no different for an expert. No rating, no pay. May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.