Can I get visa sponsorship from an employer even if I overstayed already? 2 Answers as of March 11, 2011

Is there a chance for a person who overstayed to be sponsored by an employer?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is maybe. If you have overstayed, you cannot remain in the country while your petition is pending. Nor can you work for the employer without authorization. However, he can petition for you, and if you leave before your overstay was less than six months, you may be able to still qualify for the visa. It may be put on "inquiry", which leaves it in the discretion of the State Department to refuse to grant you the work entry visa, even if it is approved in the first stage for your employer by USCIS, but at least you have a chance. Best to you.
Answer Applies to: California
Replied: 3/11/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you are out of status for you cannot change your status in the U.S. You could be petitioned, but would have to leave the U.S. to obtain your non-immigrant visa. However, you could be denied your non-immigrant visa due to your violating your status and could also be subject to a 3 or 10 year bar from returning depending on how long you overstayed your visa.
Answer Applies to: California
Replied: 3/4/2011
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