Immigration Issues/Overstayer


Hi Eileen.

I came to United State as n Au pair 7 year ago with a J visa,in that time a met my currently husband (in that time he was a GC holder) and we fell in love, however when i conclude my 2 year in the program i came back to mexico, we spent separated  1 year and it was really hard, i had previously my my tourist visa so i was coming to visit him, but in one of the visiting i decided to stay with him and we got married. He just got his US citizen, and now we have been thinking to file the petition for me, but i overstay almost 3 years from my tourist visa. My question is what we are going o face of with the inmigration situation?, any advice?

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Caty,

Congratulations on the marriage.  As far as what you will face with immigration, there are certain difficulties with anyone who has overstayed their entry.  What matters is that you have made a legal entry, even though you have overstayed.  We do a lot of these cases in my office for clients throughout the nation.  We get them approved without much trouble, but you have to make sure that your immigration attorney reviews all the facts of your case, including your previous J-1 stay and all the other considerations that are necessary for a successful marriage case.  Some things include the affidavit of support, whether you have enough proof of your life together as a couple, etc.

If you have further questions, feel free to email me directly again.

Thank you,
Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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