What will happen if my family overstays their visa? 3 Answers as of April 15, 2011

I have family that overstayed. I need find a way to help them out. What can I do?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
What is your status, what relationship does each family member have to you? How long have they overstayed? If over six months, a 3 year ban, if over a year overstay, a ten-year ban from even being able to apply for a visa. If there is any way I can be of help, by all means call or e-mail me.
Answer Applies to: California
Replied: 4/15/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If they overstay by 180-365 days and leave, this is a three year bar to reentering the US. If 365 or more, then it is a ten year bar, triggered when they leave. If they want to remain in the US, there may be an option for filing a green card, asylum or something else but you will need to see a competent immigration attorney in order to determine that!
Answer Applies to: California
Replied: 4/14/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I assume that the relative(s) came with a visa of some kind and stayed beyond the authorized time in the US. A lot of the possibilities will depend on the quality of the relationship. If the relative(s) are immediate relatives, meaning a spouse, parent or child under the age of 21, you may be able to petition for them and adjust their status assuming that you are a USC. If any relative becomes an immediate relative of a USC, then they can adjust their status as well. There may be other avenues as well depending on the reasons and length they overstayed, such as asylum, etc. Otherwise, your relative(s) can become removable by becoming unlawfully present in the US. Consult a competent Attorney for advice and options.
Answer Applies to: California
Replied: 4/14/2011
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