View Full Version : Subject: Deportation of an overstayed non immigrant individual
rudypn
05-31-2009, 05:56 PM
Subject: Deportation of an overstayed non immigrant individual
Could an overstayed person doing a one dollar business for the past 8 and ½ Years is a candidate for Deportation? His application was denied by INS, explaining his case is closed and can never be opened again. His application was based on the grounds for those who were here in year 1981, for which he furnished falsified documents and referrals from friends he knew. My questions is can he seek assistance through an INS Attorney to represent him to reopen his case as an overstayed person and the INS denial already stated his case is closed for good.
He also has a legal NY driver’s license by some other means.
The last question is would a legal citizen be in any kind of trouble, unknowingly funding money in this person’s business and later knowing that this person is an overstayed individual
Thank you very much
Any help and advice would be greatly appreciated in this regards
Thanks
RP
belmontboy
05-31-2009, 06:23 PM
Subject: Deportation of an overstayed non immigrant individual
Could an overstayed person doing a one dollar business for the past 8 and ½ Years is a candidate for Deportation? His application was denied by INS, explaining his case is closed and can never be opened again. His application was based on the grounds for those who were here in year 1981, for which he furnished falsified documents and referrals from friends he knew. My questions is can he seek assistance through an INS Attorney to represent him to reopen his case as an overstayed person and the INS denial already stated his case is closed for good.
He also has a legal NY driver’s license by some other means.
The last question is would a legal citizen be in any kind of trouble, unknowingly funding money in this person’s business and later knowing that this person is an overstayed individual
Thank you very much
Any help and advice would be greatly appreciated in this regards
Thanks
RP
If the person admits that he/she has overstayed, why is he/she whining about being deported?
The person broke law and needs to face its consequences.
Leo07
05-31-2009, 07:22 PM
Sir/Madam,
I'm sure you'd agree with me that the problem you posted can be solved ONLY by a immigration attorney. No matter,how many comments you receive from folks on this forum.Most of these posts are just opinions of EB immigrants waiting inline for their GC's.( barring few from attorneys)
Please contact/Click on the links on top of this page to reach out to a qualified immigration attorney.
Posted a few below:
Ann Ruben
http://www.srrlaw.us (http://www.srrlaw.us/)
Or
Greg Siskind
http://Visalaw.com
Or Judith B Sporn
http://www.judithsporn.com (http://www.judithsporn.com/)
Best!
cbpds
06-02-2009, 02:34 PM
just wait for the illegal immigration law to be passed soon by O
Shenner
06-04-2009, 06:14 PM
ANY time a person overstays they are subject to removal/deportation. Even if you overstay by one day, the government can seek to remove the person from the US.
From the 1981 law description, it sounds like he applied for some of the old reliefs that were available at that time such as SAW, LULAC, CSS, or one of these programs which allowed a person to adjust status if they could prove that they were present in the US and/or working during a certain time period. Lots of employers, farms etc during that time furnished false documents (for a fee) saying people workd for them when they did not. Ss the case is now closed, it is done and over. The alien should not seek to reopen or readust under a falsely filed case. I would suggest doing a FOIA and getting a copy of the file of this person from USCIS just to see what is on file.
The alien should look for some other way to legalize status other than to reopen a falsely filed case.
If you have questions or would like a consult, feel free to contact our office.
Susan Henner, Esq. 914-358-5200
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