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Immigration Issues/Abandoning green card petition


I am writing on behalf of a friend. She came to the US on a tourist visa. Immigration gave her 6 months to stay. Her 6 months expired March 8, 2007. But, before her stay expired, she went to San Francisco to work in a home for mentally challenged patients. Her employer is sponsoring her for a green card. Her papers have already been filed before her 6-months stay expired. Unfortunately, she doesn't like the job. Really longs hours and no days off. She plans to talk to her employer, and tell her that she doesn't want to continue working there anymore, even if it means abandoning her petition. My question is, what will her status be once her employer terminates or abandons the petition? Will she be asked by INS to leave the country? What are her options to stay legal in the country? By the way, my friend plans to go back to New York where she was originally staying with her sister.

first of all I cannot help people who do not like their job. I don't know very many people who do like their job. That is why they pay you.  If the job was fun, you would have to pay the employer and their would be long lines to enter like at Disneyland.

But more troublesome is the fact that she has shown a complete and total disregard for the US legal system.  She is not allowed to work in the USA without an APPROVED visa that gives her permission. She does not have that.  She is not allowed to stay in the USA without a valid visa.  She does not have that.  And if she stays in the USA for more than 180 days out of status she will be barred from receiving any visa for 3 years, and if she stays in the USA illegally for more than 1 year she will be barred for 10 years.  This would mean that if and when a visa was approved she would be denied issuance because of her overstay of her current visa.

She should obey our laws.  She should leave the USA before 180 days after the visa she entered with expires.  She should follow the rules regarding visa applications and procedures. Whether or not she likes her current job, which she is illegally working in, is really not very important.

Perhaps she should get an attorney to help her.

Immigration Issues

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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