Tourist Visa to green card

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Latest post Sun, Jan 1 2006 12:09 AM by hcj. 3 replies.
  • Sat, Dec 31 2005 4:57 PM

    Question [=?] Tourist Visa to green card

    I have a co-worker who came to the US about 3 years ago with a tourist visa. The Visa is about to expire, shes been working in the US that whole time though. Shes a legal adult and has a son that was born in the United States, what would be the possibilities and or procedures to apply as a resident alien for her?
  • Sat, Dec 31 2005 5:07 PM In reply to

    • hcj
    • Top 150 Contributor
    • Joined on Mon, Jan 8 2001
    • Posts 367

    re: Tourist Visa to green card

    Your co-workers lawful stay in the US ended with the date on her I-94 card, not with the expiration date of the visa itself. (Unless she managed to get an extension, in which case it ended with the extension date. Still not with the expiration date of the visa itself.)

    Tourists on B visas are not allowed to work in the US. So she has been working illegally.

    Her US-born child cannot petition for her green card until he turns 21 years old.

    So based on the tidbits you provided, I don't think there's any way for her to become a resident right now.
  • Sat, Dec 31 2005 11:44 PM In reply to

    Question [=?] re: Tourist Visa to green card

    I was reading something about a sponsor whether being a US citizen and/or employer can provided sponsorship for an application for residency. I'm not sure how "true" this information is. What would be her only method of obtaining residency if not through that?
  • Sun, Jan 1 2006 12:09 AM In reply to

    • hcj
    • Top 150 Contributor
    • Joined on Mon, Jan 8 2001
    • Posts 367

    re: Tourist Visa to green card

    If she wants to get a green card through her employer, she first has to get an H-1B visa. They cannot sponsor her for a green card without this intermediate step. The company would need to show that she has special skills and they cannot find anyone in the US who has the qualifications for the job and wants the job.

    Even if they were willing to sponsor her for an H-1B, and they successfully jump through all the hoops, I believe she still has to go abroad to get her visa. If she has overstayed her welcome here by a year or more (which it sounds like she has), she will trigger a 10-year bar to re-entry when she leaves the US to get her visa.

    Her only method of obtaining residency, as far as I can see, is if she were married to a US citizen.
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