Michael's Notes on IMMIGRATION
I use JustAnswer.com for many things.
Here is a sad, but typical immigration/employment story courtesy of them.
First JustAnswer reply...
He may not have a 10 year penalty.
Did he depart more than 180 days after his 18th birthday?
Did he depart more than 365 days after his 18th birthday?
Oh dear, that is too bad.
He does have a 10 year bar and will not be able to get a waiver for his overstay.
And unfortunately because he left the US he is not going to be eligible for any under the immigration reform law.
The Bill, currently being debated, has a requirement that the person entered the US on or before 12/30/2011 and has not departed since their entry.
The only waiver for the unlawful presence is a hardship waiver where he is able to prove a US citizen or permanent resident spouse or would suffer extreme and unusual hardship by the separation or if they had to move to Mexico.
There is no waiver for employment. These are always difficult answers to give because we become to help people. Unfortunately, the US has some of the toughest immigration laws in the world.
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