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06-22-2008, 04:00 PM
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Junior Member
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Join Date: Jun 2008
2 posts, read 1,143 times
Reputation: 10
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Moving to new york. Illegally?
Hi guys, Im a british hairdresser and i have just been offered an amazing job in new york. Only problem is i have been told to move over and outstay the 90 day and not worrie about a visa. Now obviously this is illegal and i have never broken the law in my life, but for any reason i need to get back home, can i? But if i could i would not be able to return to the usa surely? If i do apply for a works visa more than like h2b visa, then if i like it can i stay and go for my green card? please some one help me, i really want to do this. Many Thanks James Bradley. (ofcourse i would not move if it was breaking the law)
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06-22-2008, 04:21 PM
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The land of bougainvillea, citrus and palm trees
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Join Date: Jun 2007
Location: Mesa, Az
18,595 posts, read 9,138,132 times
Reputation: 2476
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Quote:
Originally Posted by jbradleyuk
Hi guys, Im a british hairdresser and i have just been offered an amazing job in new york. Only problem is i have been told to move over and outstay the 90 day and not worrie about a visa. Now obviously this is illegal and i have never broken the law in my life, but for any reason i need to get back home, can i? But if i could i would not be able to return to the usa surely? If i do apply for a works visa more than like h2b visa, then if i like it can i stay and go for my green card? please some one help me, i really want to do this. Many Thanks James Bradley. (ofcourse i would not move if it was breaking the law)
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Contact an immigration attorney here in the States.
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06-23-2008, 11:26 AM
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Senior disMember
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Join Date: Jun 2007
Location: On the Road
1,476 posts, read 1,267,190 times
Reputation: 696
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Quote:
Originally Posted by jbradleyuk
Hi guys, Im a british hairdresser and i have just been offered an amazing job in new york. Only problem is i have been told to move over and outstay the 90 day and not worrie about a visa. Now obviously this is illegal and i have never broken the law in my life, but for any reason i need to get back home, can i? But if i could i would not be able to return to the usa surely? If i do apply for a works visa more than like h2b visa, then if i like it can i stay and go for my green card? please some one help me, i really want to do this. Many Thanks James Bradley. (ofcourse i would not move if it was breaking the law)
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While not technically "illegal", overstaying your visa is "unlawful", meaning you won't incur any civil or criminal penalties (like fines or jail time), but the government will "punish" you by barring you from re-entry into the United States should you ever leave.
So, if you do what you have been told, you will have 6 months from the expiration of your visitor's visa. If you leave within 6 months of the expiration there are supposedly no ill effects, however, screeners at the consulate will probably take a long, hard look at your application should you ever want to visit the US again.
If you leave the country (including visiting Canada and Mexico) between 6-12 months after your visa has expired, you will be barred from re-entering the US for 3 years.
If you leave the country 12+ months after your visa expires, you will be barred from re-entry for 10 years.
There are essentially no exceptions to these bars. Even if you marry a US citizen, you wouldn't be able to move back to the US until the bar period is over.
If you overstay your visa and never leave the US (trips to Alaska and Hawaii are okay, don't know about PR) then you will simply be "out of status" many people live like this for years, but--again--you will have problems if you ever need to leave the US.
The only way to remove your out-of-status condition is to marry a US citizen while inside the US. That lets you become a permanent resident within the country and cancels out the 3-year and 10-year bars.
...
You are extremely unlikely to be able to obtain a H-visa. Only 65,000 are issued each year, and 200,000 people applied on the first day in 2006, and the numbers only get higher each year. The first day for applications is in April, so you would need to wait until next year, get an attourney, prepare your application, and send it in well ahead of the deadline. If you are extremely lucky, you might get a H-visa. (The total cost will be about $8,000 including attourney fees)
To apply for an H-visa, you need:
- Employer inside the US willing to sponsor you.
- A minimum of a BS in college education.
Edit: A bit more on the H-visa: You will need your employer to sponsor you in, say, January of 2009. Then you apply in April of 2009. If you are accepted, you will be notified in July of 2009, and you can enter the US and start work on October 2009. So, you need an employer willing to wait 16 Months from today.
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06-23-2008, 11:30 AM
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Tis the season-help a fellow American in need.
Status:
"San Diego Super Chargers!"
(set 1 day ago)
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Join Date: Mar 2007
Location: Wyoming
3,476 posts, read 1,852,261 times
Reputation: 1695
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Quote:
Originally Posted by jbradleyuk
Hi guys, Im a british hairdresser and i have just been offered an amazing job in new york. Only problem is i have been told to move over and outstay the 90 day and not worrie about a visa. Now obviously this is illegal and i have never broken the law in my life, but for any reason i need to get back home, can i? But if i could i would not be able to return to the usa surely? If i do apply for a works visa more than like h2b visa, then if i like it can i stay and go for my green card? please some one help me, i really want to do this. Many Thanks James Bradley. (ofcourse i would not move if it was breaking the law)
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Contact an immigration attorney here in the U.S. and for god's sake, come here legally. As someone whose own country is dealing with the negative effects of illegal immigration, you should know better already.
We already have enough of an illegal immigrant problem without adding to the mix. Whoever told you to overstay your visa should be strung up by their naughty bits.
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06-23-2008, 12:40 PM
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Senior Member
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Join Date: Jul 2007
Location: Southern Arizona
4,898 posts, read 4,059,932 times
Reputation: 1662
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Quote:
Originally Posted by jbradleyuk
Hi guys, Im a british hairdresser and i have just been offered an amazing job in new york. Only problem is i have been told to move over and outstay the 90 day and not worrie about a visa. Now obviously this is illegal and i have never broken the law in my life, but for any reason i need to get back home, can i? But if i could i would not be able to return to the usa surely? If i do apply for a works visa more than like h2b visa, then if i like it can i stay and go for my green card? please some one help me, i really want to do this. Many Thanks James Bradley. (ofcourse i would not move if it was breaking the law)
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Why in the world would you risk it, Jbradleyuk?
Considering the "Illegal Situation" in the United States right now, attempting the BEAT THE SYSTEM could end up BITING YOU IN THE BUTT in the long run. Once you do get caught, and you probably will, would you consider all of the negative ramifications worth the risk?
MY TWO CENTS WORTH
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06-23-2008, 12:46 PM
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Senior Member
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Join Date: Apr 2007
9,719 posts, read 7,219,331 times
Reputation: 2096
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Change your name to Jaime Badillo and walk in across the Mexican Border. No problemo.
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06-23-2008, 12:49 PM
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Senior Member
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Join Date: Nov 2007
Location: Funky Nassau- Long Island
1,907 posts, read 718,080 times
Reputation: 250
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Moderator cut: please stay on topic and provide useful information to the original question
Last edited by Kristynwy; 06-23-2008 at 03:20 PM..
Reason: off topic
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06-23-2008, 12:50 PM
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The barefoot babe
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Join Date: Oct 2007
Location: Orlando, Florida
9,698 posts, read 7,188,043 times
Reputation: 4126
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I am kind of amazed in todays climate with immigration in the US that your prospective employer would make this suggestion.
It would make me wonder what other kinds of rules they were willing to skirt around.
I love the British, love to have MORE of you guys here but please come here legally.
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06-23-2008, 01:39 PM
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Not a member
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Join Date: Mar 2008
Location: um....guess
10,484 posts, read 3,464,702 times
Reputation: 1639
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Moderator cut: Please stay on topic and give useful information rather than insult other posters
Last edited by Kristynwy; 06-23-2008 at 03:22 PM..
Reason: off topic
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06-23-2008, 01:52 PM
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Senior Member
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Join Date: Apr 2007
9,719 posts, read 7,219,331 times
Reputation: 2096
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Agenda much?
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