I have this friend who’s mother is here illegally from China. Of course, her status in America hasn’t always been that way. She originally had a tourist visa that has since expired. (it expired about 12 months ago).
Now I 've heard several stories about if they find her she will not be able to return to the U.S. for ten years. My friend obviously doesn’t want this to happen, so how can one approach a situation like this without raising a bunch a flags that will have her mother deported. :eek:
By the way, my friend is here on a working visa.
Any Chinese dopers or attorneys out there that could shed some light on the situation?
From time-to-time the U.S. offers clemency programs of various kinds to different groups or classes of illegal immigrants. One can tell an immigration attorney in confidence that you are in the country illegally, and such attorneys can advise if any such programs are applicable at present.
She might also find out if there is an International Institute in her vicinity. There are a number of these nonprofit organizations–affiliated to one another but independent–in major cities around the United States. They provide information and assistance of various kinds to immigrants, such as citizenship classes and job placement help. Some have a legal department, and others can make referrals to pro bono attornies. Clemency programs are precisely the sort of things the Institutes keep track of.
She can apply for a green card (form I-551, or legal residency status) without being in the country legally. Of course, this will take quite a while unless she, say, marries you.
Thanks for your reply. I’m not familiar with these International Institutes. She is in the Los Angeles area (Orange County really). I’ve tried searching the Web for an International Institute, but came up with some odd results.
Do you have any specifics on a organization, or where I could start looking?
No, you can’t apply for legal residency unless you’re sponsored by either an employer or a family member (or have won the diversity visa lottery, but Chinese nationals don’t qualify). And even in such a case your past immigration status will be scrutinised for any periods of illegal presence in the country.
Family members with non-immigrant visas (such as working visas) cannot “sponsor” anyone per se, although their spouses and minor children can be granted non-immigrant visas themselves. They wouldn’t be allowed to work, though, unless that’s changed in the past few years.
Family members with immigrant visas (green cards) can sponsor spouses or unmarried children.
Family members who are U.S. citizens can sponsor spouses, parents, children and siblings.
The International Institute of Los Angeles is located at 3845 Selig Place, Los Angeles, California, 90031. Their number is (818) 988-1332. I don’t know if they can be of help, but they seem like a good place to start.