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Discussion

Possible or far fetched?

This scenario isnt about me but my cousin. He has a RN license in California but hes on a tourist visa. Hes overstayed his tourist visa and working under the table on a clinical trial. he was supposed to go back last to his country last month but decided to stay. THe reason, before he didnt overstay, he applied for a work visa while being a tourist and got denied. An immigration attorney handled his case, and said that he can appeal and said that he had a strong case. He has his whole family too on a tourist visa. He brought his wife here pregnant and she gave birth here to their youngest child (which obviously becomes a US citizen). Now i dont know why he has a strong case, because hes on a tourist visa and violating the tourist visa working under the table. Apparently the attorney factored in the youngest child as a US citizen so they might stay. Sounds impossible nowadays. So i dont know maybe the immigration attorney is making money off of him. He graduated 3 years ago and hasnt had ANY clinical experience then. I'm just curious if he appeals again would he get denied again? I'm not siding with him whatsoever. He seems to have faith in his attorney thats why he overstayed his visa. i know its 180 days after the date youres supposed to return and hes 1 month into that 180 days. What do you guys think? I really believe the attorney is making false promises and making money off of them, and this person who runs the clinical trial is employing a foreigner with no authorization to work. Since he has no experience whatsoever he would be classified as a new grad even though he graduated wayy back in 2007 in his country, and i figured no hospital in california would hire any foreign new graduate as its already pooled with US trained new graduates who are also having a hard time looking for work

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    I would strongly suggest he looks at another lawyer and talk to them. Yes he has a US child but that child can not sponsor them until aged 21 and has no bearing on them being able to stay in the US.

    He has overstayed his tourist visa and is working which is totally against his visa and could lead to a ban from anything from 3 years to life

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    If he's on a tourist visa and he's working under the table then chances are he doesn't have a ss#. How he got his RN license in CA is beyond me, but then again, they do it illegally all the time by lying on applications etc. He really needs to keep his feet squeeky clean because I guarantee you that if someone in that clinical place finds out about his status, they will rightfully turn him in, and he has no leg to stand on.

    It doesn't matter if the youngest child is a US citizen or not most likely the family wont be able to stay and will be asked to leave if found out. USIS is very brutal when it comes to cases like this. I know someone personally that came to this country legally, and brought the family over legally, but one child was born overseas, and USIS found out about it. Guess who got deported, yup that one child got deported and USIS didn't care that the child didn't have family overseas anymore. So the whole family ended up leaving because how can they just let the 7 year old go by himself. Mind you they were working on his papers to stay, but it was a very similar case. Sad, but true, USIS doesn't care, if you're here illegally, then you're going to pay the consequences. It's people like your cousin who abuse visa privileges that will get people denied in the future and maybe abolish certain visas in the future. People ruin it for others and therefore make it harder for those in the future.

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    • Experts

    I certainly hope he and his family are not allowed to stay -- he's violating all kinds of immigration and employment laws, and I can't imagine why that behavior should be rewarded.

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    http://en.wikipedia.org/wiki/Anchor_baby

    My perception once one has an anchor baby the family could stay in the USA.

    Not any more, the child now has to be 21 and sponsor the parents otherwise the child can stay but not the rest of the family if they do not have a legal visa allowing them to stay and work in the US

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    • Author

    Thanks everyone for the input!

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    • Guides

    The term "anchor baby" is considered quite offensive and is no longer a viable option due to changes in immigration law.

    I know someone personally that came to this country legally, and brought the family over legally, but one child was born overseas, and USIS found out about it. Guess who got deported, yup that one child got deported and USIS didn't care that the child didn't have family overseas anymore. So the whole family ended up leaving because how can they just let the 7 year old go by himself
    This makes no sense. If the family came legally, then it's irrelevant where the children were born.

    To the OP:

    - He doesn't have 180 days to leave. He must leave immediately if in overstay. However if it's less than 180 days over, there is a chance he will not be banned from reentering the US, especially if he leaves voluntarily. If he's deported, or incurs a ban, then he has no chance in future.

    The lawyer is making money from him and has no incentive to get any results.. he just keeps charging. Having a US citizen child is no advantage until the child is 21. He needs to leave before he's deported or banned... then he'd never be able to visit his US citizen child in the future.

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    Actually, it is a hot topic in my home state. a few years ago a company with illegal residents was raided, there was a public our cry since many of the workers were mothers of young children. After spending a night in jail all were release and not a single one of them were sent home. This was due to the intervention of our senators.

    This weekend illegal residents who are students in our public college system are protesting since they have to pay out of state tuition rate. They are publicly protesting, they are not afraid of exposing there names or the names of their parents.

    Our Governor is in favor of supporting these students getting resident rates and scholarships, ( they will qualify since their parent don't pay taxes) and take away from tax paying citizens. There is a big controversy since veterans have to pay out of state rates while illegal residents get tax supported education.

    Welfare benefits are given to children born in the USA, while their parent who are here illegally get to collect.

    So when I hear the above situation, I don't think it is so far fetched.

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    I'm sorry, I wasn't clear, he brought over his family legally except the last child. I don't know how that one came about but the child was the only one here illegally and they were working on his papers at the time.

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