I had an work and travel visa and I have overstay for an 5 years .I have valid passport and valid NY state ID expiration date 2019 but it says with bold letters temporary visitor until 2014. My fiance has an green card and we have child together and we are expecting another one. What is the worst case scenario and what should I do ?
The worst-case scenario is that Immigration may be monitoring flights to and from the mainland and may single you out, question you, and put you in immigration proceedings. You might ultimately be able to gain some form of relief from the agency, assuming that you are married with your fiancée and she petitions for you, but you may have an uncomfortable time during the entire process. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
While Hawaii is a state, it is important to understand that any travel increases your risk of apprehension when you are unlawfully in the country. Worse case scenario is you are apprehended but immigration officials, detained, and placed in removal proceedings. You should consult an attorney to explore your options before traveling to Hawaii. You can read more about family immigration at http://myattorneyusa.com/family-immigration.
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