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    kristingraulich's Avatar
    kristingraulich Posts: 2, Reputation: 1
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    #1

    Sep 15, 2010, 10:30 AM
    21 year old came to US from Portugal at age 9 with tourist visa
    A 21 year old male came to the US from Portugal at the age of 9 with a tourist visa he is currently facing deportation is there any thing he can do to try to stop this from happening
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Sep 15, 2010, 10:46 AM

    He doesn't have papers allowing him to stay because his tourist visa expired 6 months after he got here, over 11 years ago, not any time recently. All he can do is apply and hope they accept the forms before his deportation date.

    And anyway... even if it hadn't a tourist visa isn't transferrible to any other visa.
    kristingraulich's Avatar
    kristingraulich Posts: 2, Reputation: 1
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    #3

    Sep 15, 2010, 05:05 PM
    Comment on smoothy's post
    What exactly does he apply for? Apparently the deportation process as not begun he has been granted a 6 month stay and at that time they can either grant an extension or be asked to leave the country. Would marriage be an option living in NJ?
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    Sep 15, 2010, 06:27 PM

    Marriage will NOT make a difference. Marriage does NOT automatically get him a green card.

    That's a false story that has spread around for decades. Marriage will only complicate it.

    I've been through it with my wife, 20 years ago. Only she was never illegal.
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #5

    Sep 16, 2010, 05:37 AM

    If he is not in deportation proceedings, then he is still under the jurisdiction of the USCIS.

    Since he is a long-term B2 overstay, the USCIS will not grant any type of nonimmigrant visa classification, so he will need permanent residence. The most common is family-based. What is the immigration status of his parents? Are they still here in the US? Is he engaged to a USC?
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