Immigration Site

I know someone who came on tourist visa and I-94 allowed stay only until august. He is continuing to stay now until December with out any application for extension to stay. What might happen to his tourist visa. He is a 73 year old man and has entered US many times and left in 4 months. Only this time the law is broken. In his next visit he wants to apply for a green card through his citizen son.

Please suggest if any serious action could be taken...as previous all years he left within 4 months when he could have stayed for 6 months.

What could be done now for rectification? GC can not be applied now as he doesnt have proper documents for it.

Thanks guys

I know someone who came on tourist visa and I-94 allowed stay only until august. He is continuing to stay now until December with out any application for extension to stay. What might happen to his tourist visa. His visa is canceled.

He is a 73 year old man and has entered US many times and left in 4 months. Only this time the law is broken. In his next visit he wants to apply for a green card through his citizen son.

Please suggest if any serious action could be taken...as previous all years he left within 4 months when he could have stayed for 6 months.

What could be done now for rectification? GC can not be applied now as he doesnt have proper documents for it.

Thanks guys In the next visit he wont apply for green card because there will be no next visit.

Hell need a lawyer for his green card application to work through the process of requesting a waiver for his immigration violation. His application might get denied because of the overstay (will most certainly be denied if not handled correctly by an experienced lawyer). If he leaves the country, hell have to wait for the GC process to finish before he can re-enter as his tourist visa is canceled because of the overstay, and not likely to be renewed.

The fact that he didnt break the law before is irrelevant. Whats relevant is that he broke the law.

When you stay beyond the period authorized on I-94 and dont have an application pending to extend or change status, the visa is automatically considered canceled and cannot be used to make another trip to US. Future trips will require
a new visa and it will be much more difficult to get one.
If that person wants to ge a green card thru his US citizen son, then his son should first file I-130 and supporting documents with a request to process it at a US consulate. That person then should appear for a permanent resident visa interview at a US consulate. His overstay of 3-4 months will not be an issue for his permanent resident visa application.