Q&A: Immigration Issue! Student Visa?
Question by Tusk: Immigration Issue! Student Visa!?
Hi!I have a friend who entered USA legally with her son as K1 and K2 Visa. However, their spouse, which is her husband, passes away when they only lived together for about a year. Under the U.S rule, the INS asked them to return to their home country because the law requires they must have been together for at least 2 years. They have lived here 3 years since the order. Now they intend to go back to their country. However, her son wants to return to USA as an International student. Is it possible for him to return to his country and then apply for an US student visa or can he applly in US legally without going back? Should I recommend them to do so or should they wait till the next president take over and hope for a change in law? Thank you ver much!PS: Is it true that if someone who was asked to deport from USA must wait at least 10 years in order to come back to the US?
Best answer:
Answer by Yak Rider
The kid’s prohibiting is calculated starting at the age of 18 1/2. At 18 1/2 it’s 3 years and at age 19 it’s 10 years. Before 18 and 1/2 he incurs no ban. He may still need a waiver to come back if he leaves between 18 and 18 1/2.Before 18, no problem.
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According to the immigration law if someone overstayed their visa for no longer than a year then they have a 3 year ban from entering the US, if a person overstayed their visa for more than one year then they have a 10 year ban from entering the US.
If her son wants to go back to his country of origin,and apply for a F1(student visa) there’s no way he’s gonna be accepted because they have already been here illegaly for 3 years or sth.
I can guarantee that he won’t get a student visa, he would have to wait 10 years.
With the immigration situation in our country i would personally advise them to wait and see what;s gonna happen.
The situation we have now is too overwhelming for the government they had never had to face 12 mln illegal immigration population before.
And there’s no possibility to deport them all.
Another thing is with bad economy that we have illegal immigrants turn out to be easy money for improving our economy.
So have them wait.