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View Full Version : Father's H1B visa expired, Son's H4 invalid, currently on overstay, options?


Diro
08-04-2009, 06:57 PM
Father became unemployed in the Fall of 08, August 2008. Son turned 21 on April, 09. Son arrived here in 98 and has not traveled back. Good character and has no criminal offenses in his record. The problem is that he's now on over-stay. I don't know when the over-stay status commences, is it when the father is unemployed or when son turns 21?

Second question, is of course, what are the options. I think the best would be removal proceeding. So what should he do? Should he wait for the Notice to Appear letter from Immigration or turn himself in voluntarily. He's been here on a Non-Immigrant Visa, so the removal proceedings I believes require that he been here 10 years and has no criminal record.


Also, the whole thing of over-staying for more then 1 year would constitute a ban of re-entry to the USA for 10 years. The one year mark is approaching. If he over-stays for more then a year, does this whole removal proceedings still apply to his case?

Thx