USA overstayer and ability to get a work/visitor visa

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USA overstayer and ability to get a work/visitor visa


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Old 04-18-2016, 12:27 PM
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Join Date: Apr 2016
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Users Flag! From australia

USA overstayer and ability to get a work/visitor visa

I have a complicated one!

I met a guy in the USA whilst on holidays over a year ago, fell in love and have been visiting him there ever since. He arrived there 5 years ago from Europe and overstayed his visa. He got married and was about to apply to adjust his status there but his wife left him and stopped all proceedings. He then just stayed, not wanting to go back to his home country.

I want him to come here on the longest possible visa so we can explore our relationship further without committing to a marriage just yet.

I'm completely new to all this Visa stuff, so if someone can give me some info I would really appreciate it.

My questions are, what sort of Visa would be best? I have a family member who has offered to employ him (not under the skilled occupation list). We would want at least a year, or could do the 3 month thing and him fly out every few months if need be.

Secondly, would Australia have the records of overstayers in the USA? He hasn't had proceedings started against him, so if he left, he would just have the automatic 10 year ban I would assume. Would he need to admit that, and if so, would it exclude him from eligibility?

Thanks so much


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Old 04-18-2016, 03:00 PM
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Join Date: Jul 2014
Location: Perth, Australia
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Users Flag! From australia

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There are a number of issues here. The first is, Is he lawful in the US at the moment? If not he may run into trouble getting out while his visa situation is sorted out.

It is unlikely that Australia will have a list of over-stayers, however he may be required to declare that he has overstayed his US visa on his application for an Australia visa.

What nationality his he? Could he leave the US and go to his home country and depart for Australia from there.

You do need to get it right. If you relationship works out he will want to apply for Australian Permanent Residence. The Department will go through his back ground very carefully to make sure he is a person of good character. He will be required to get police clearances from any country he has lived in for at least 12 months in the last 10 years.

I think it would be worthwhile talking to a reliable Registered Migration Agent who would examine all of these issues for you and make sure everything is done correctly from the start.

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