If I have a friend here on a expired visa but they have a company willing to sponser them, what steps are needed in order to make this happen?

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If I have a friend here on a expired visa but they have a company willing to sponser them, what steps are needed in order to make this happen?

They have a company willing to sponser them for work purposes.

Asked on January 12, 2012 under Immigration Law, North Carolina

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the person is already in the US unlawfully because their status has expired, it will not be possible to change their status within the US even if a work visa petition on their behalf is approved.  They would need to depart the US to consular process for a work visa at a US Embassy/Consulate in their home country.  However, depending on the length of their overstay, it may be problematic for them to depart the US as they may trigger a 3 or 10 year bar to reentry as a result of their overstay.  Therefore, it would be important for them to discuss their specific situation with an immigration attorney before proceeding.


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