Young Dominicana in NY wants to return to SD

[johne]

Some time back I responded to another thread about a girl (19 years old) who was about to overstay her visa here in NYC. I wrote that her prima could not convince her otherwise and that her prima was leaving that weekend without her.
Well, her prima is back here and now it turns out that the young girl has a change of heart. For a whole host of reasons (work related) she is troubled about a furure of being illegal. She LOVES life in America and life in NY, but now sees that her future would be a whole lot better if she would have followed the guidelines and returned to SD when she was supposed to . She then would have re-enterred the US in a few months and spent another 6 months here on a vistor's visa which she held legally.

My question is: Her visa expired in Feb. 2007. If she would like to return, late, and clean her record, are there reasons she could give immigrations that would be accepted? Would she be in a position, (legal visa) to "start over" again without going thru the process (and probably be rejected)?
What can this girl do to correct a mistake she made 4 months ago that will have an impact on her status for a good number of years to come?

Thanks in advance for your advice.
JOHN

Originally Posted by johne

Some time back I responded to another thread about a girl (19 years old) who was about to overstay her visa here in NYC. I wrote that her prima could not convince her otherwise and that her prima was leaving that weekend without her.
Well, her prima is back here and now it turns out that the young girl has a change of heart. For a whole host of reasons (work related) she is troubled about a furure of being illegal. She LOVES life in America and life in NY, but now sees that her future would be a whole lot better if she would have followed the guidelines and returned to SD when she was supposed to . She then would have re-enterred the US in a few months and spent another 6 months here on a vistor's visa which she held legally.

My question is: Her visa expired in Feb. 2007. If she would like to return, late, and clean her record, are there reasons she could give immigrations that would be accepted? Would she be in a position, (legal visa) to "start over" again without going thru the process (and probably be rejected)?
What can this girl do to correct a mistake she made 4 months ago that will have an impact on her status for a good number of years to come?

Thanks in advance for your advice.
JOHN

Boy that's a tough one. Given that it is getting to the point that it like winning the lottery getting a vise to go to the US, especially young single people, I will propose that it will be all but an impossibility.

The people at the US Embassy in the capital are always looking for a reason to deny tourist visas.

Maybe if she hires a top notch lawyer she might have an outside chance but I doubt it.

My wife's nephew will be much in the same boat soon as he went on a student VISA a month ago and has no plans to return.

This love affair Dominicans have for NY is mind boggling to say the least. They are fed stuff about NY from the crib to the grave and most take it all, hook line and sinker. I have talked to my nephew until I was blue in the face and he didn't bat an eye. I suppose to make it relative it would be like if somebody told an American that hamburgers and hotdogs were always made out of rat meat and apple pies mad out of cockroaches we would ignore such an "absurd" statement and continue on eating them. VERY strong dynamic indeed.

I'm afraid the young lass will have few opportunities other than get married in the US - which will be a very real possibility as immigrants do this all the time.

[CFA123]

Consult with an immigration attorney asap before taking any action.

Get the real scoop on the impact of the immigration bill that should pass in Congress this year. From what I've read, she just might have gotten lucky and qualify for fasttrack to legal status.

"In general, under S. 1348, any person who was illegally present inside U.S. borders on January 1, 2007, is eligible for Z visa status, amnesty, and ultimately citizenship."

Scroll down to the heading "S.1348 and the Amnesty Process" article dated June 6th.
Amnesty Will Cost U.S. Taxpayers at Least $2.6 Trillion

[Musicqueen]

I have heard that as long as the person goes back BEFORE 6 months after the visa expired, there is a good chance they will be allowed to re-enter on another visa without penalties...

But, of course...you should contact an immigration lawyer here in the US before taking any action...

Mrs. MQ

[NotLurking]

I suggest she doesn't leave the US, instead she should try to legalize her status, marriage as Chip00 suggested, is something to consider.

According to INA 212(a) Classes of Aliens Ineligible for Visas or Admission, the period of ineligibility (barred from entering US) is either 3 or 10 years and it depends on how long she overstays her visa; from 180 days to 1 year she is ineligible for admission for three years after she departs, after 1 year of overstay she is barred from entry for 10 years, again after departure.

In her case, she has not yet triggered the condition of INA 212(a)(9)(B)(i)(I) (to be ineligible for admission for 3 years) because she has not overstayed her visa 180 days or more as of yet. However, I don't think she will be able to get another visa to US in the event she decides to vacate the US and try her luck again in the DR consular office. In fact, I'm quite doubtful
that any consular officer in DR would give her a visa after this incident.

(INA = Immigration and Nationality Act)
(section 212 = General classes of aliens ineligible to receive visas and ineligible for admission; waivers of inadmissibility)

INA 212(a)(9)(B) ALIENS UNLAWFULLY PRESENT (Visa violator - my interpretation)

(B) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States, is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

Immigration and Nationality Act

NotLurking