Immigration Law

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A friend of mine came to the US on a six month tourist visa.

Customer Question
Hello! A friend of...

Hello! A friend of mine came to the US on a six month tourist visa. She had met a 'lawyer' who said that he would help with an extension and then never heard from him again. She is now two months over extended! Is there something that she can do? Is it too late to apply for the extension? She does not want to be banned from the US but would like to stay longer and possibly return in the future.

Lawyer's Assistant: What steps has your friend taken? Has she filed any paperwork with the U.S. government?

None But she has no intention of cheating the system...

Lawyer's Assistant: Has your friend talked to a lawyer about the visa?

She spoke top someone on tinder that said he was a lawyer and could help but he was clearly trying to impress her and has disappeared!

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No... thats it. Just advice as to what can be done

Submitted: 5 months ago.Category: Immigration Law
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Answered in 13 minutes by:
3/20/2018
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 5 months ago
Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 126,862
Experience: Immigration Law Expert
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Relying on anyone on Tinder is not wise. She can apply for an extension on her own. However, if she has overstayed and did not ask for the extension before she expired, they are likely not going to allow her to extend and she will have to leave the US and return. She needs to LEAVE NOW, because any overstay under 6 months does not have a penalty, but if she overstays beyond, she can lose her right to reenter the US for up to 10 years.

The I-539 petition to extend stay has to be filed BEFORE visa status expires. So if she is expired, she needs to leave and then apply to return.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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