Know Your Rights: What are your rights when you overstay your Visa?

By: Janice Dantes

 

Many Filipinos come to the United States from the Philippines to visit, but then they look to stay permanently. In some situations, it is easy but for many it is complicated. It can also be very difficult to live in the shadows in the United States. Below I highlight some challenges with staying lawfully in the United States.

1. I came to the United States as a Tourist. Can I work? If you come to the United States as a tourist, you are not legally eligible to work. However, to survive, many people have to earn income through employment. Working unlawfully in the United States can cause issues if you do attempt to seek legal residency in the United States. Further, you can be in big trouble if you are committing fraud by using false documents or social security numbers for your employment. While there is nothing physically stopping you from working, please be aware of these issues as they can impact your long-term ability to stay in the United States.

2. I overstayed my visa but was a victim of a crime. If you were a victim of a crime, you may be eligible for a U visa to allow you to stay lawfully in this country.

3. I was issued a speeding ticket. Will this impact my immigration application? Generally a speeding ticket is not an issue. However, please check to make sure that you were not charged with a misdemeanor for speeding. Be sure to seek legal assistance to ensure you can clear this issue before you submit any application for immigration.

4. Can I get divorced in the United States if I overstayed my visa? Yes, if you can demonstrate that you are a resident of the state and meet the requirements of residency. Cook County is a sanctuary county and does not bar people with unlawful presence for utilizing the court system. You can also seek your rights in other civil and criminal matters.

5. Can I pay someone to marry me so I can legally stay in this country? No, paying someone to become eligible for immigration benefits is called fraud. You can marry for love, but you cannot pay someone to exercise a benefit. There are consequences with this action including deportation and being barred from seeking immigration benefits in the future.

If you have questions about exercising your rights as foreign person in this country, please call (312) 546-5077 or janice@ pinaylaw.com.

Thank you for reading. Until we meet again, love one another.