Helping The Illegal Entrant and the Overstays
When you enter the United States illegally or have overstayed a visa, you face serious consequences. The life you have built in this country, including marriage, children and your home, is in jeopardy. In this situation, an experienced immigration attorney may be able to help you.
My name is Vard R. Johnson. During my 45 years of legal experience, I have assisted several non-legal immigrants dealing with illegal entry and visa overstay issues. Visit my office in Boston to discuss your particular situation.
Knowledgeable Massachusetts Immigration Lawyer
People are considered illegal immigrants if they:
- Enter the United States without being processed by the government
- Arrive in the country through a legal visa, but overstay the amount of time allowed by immigration law
It is important to understand that even if you are in the United States illegally, you have certain rights. Contact my office to learn about your legal options.
Many illegal immigrants marry US citizens or green card holders. They then hope they can obtain papers by reason of the marriage. Unfortunately, the illegal entrant needs to return to his or her home country for visa processing. If he or she has been in the United States illegally for more than one year, upon departure from the US, he or she cannot return for ten years. Obviously, a careful immigration lawyer looks for ways to avoid the departure.
Section 245(i) of the Immigration Act provides a path that some immigrants and their families can walk down. More times than not, 245(i) will not apply. However, when it does, to the relief of the family, the immigrant can get his/her papers in the United States and avoid the prohibition on returning for ten years.
The person who overstayed his visa is not required to return to his home country to obtain his papers in every instance. However, if he has married a green card holder and has not maintained his non-immigrant status, he cannot get his papers in the United States. Thus, he may decide not to file papers with the US government until his spouse becomes an United States citizen.
There are times, however, when the immigrant and his family realize that he has to go home if he is to obtain papers to live and work in the United States. Under special circumstances, the United States will forgive (or waive) the unauthorized presence of the immigrant in the US for one year or more and allow him to obtain his immigration papers in his home country and return to his family in the United States in a matter of months, rather than ten years. I have assisted many immigrants and their families with the waiver applications.
Most often, an illegal immigrant comes to the United States to build a better life. At the Law Office of Vard R. Johnson, I understand your desire to improve the quality of life for your entire family. As your immigration attorney, I will thoroughly investigate your circumstances and pursue any relief possible.
Learn Your Rights
To discuss your illegal entry or visa overstay issue, contact me online or call me at 617-830-1392. My office is located in historic Boston, three blocks from the Immigration Court. I have received an AV Peer Review Rating* through Martindale-Hubbell for approximately 30 years.*
* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies.
