Q&A: Is student visa their best choice?
Question by Tusk: Is student visa their best choice?
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? Update: They were not ordered by an immigration judge to leave the country and their spouse is a natural born U.S citizen.Also, is it possible for her to get marry again and would the INS require them to go back to their native country and stay hither legally to get their green cards?
Best answer:
Answer by lilly P
This is a slippery situation. The best thing for her to do is contact an immigration lawyer. Depending on what country she is from there may be some other issues. Your friend may not be able to attain a student visa from his country because he was illegal in the US. Again the best reply is to go to an immigration lawyer. They know the laws and the loop holes. Good Luck!
What do you think? Answer below!
Related Posts
- Q&A: Immigration Issue! Student Visa? (1.000)
- Does a K2 Visa (daughter 8 yrs. old) change her status automatically once the mother apply for adjust status? (0.527)
- Q&A: how do you cancel a K1 and K2 Visa after it is issued? (0.527)
- What is the next step if K2 Visa get deny, because of age out during the process? (0.527)
- K1 and K2 Visa. must we marry in usa b4 childs 18th birthday? (0.527)
- Q&A: Can someone who entered with a K2 visa who was never petitioned for before he turned 21 now adjust status as? (0.527)
- Can a K2 Visa holder marry a U.S. citizen and apply for Green Card? (0.527)
I already answered this question when it comes to bans…. 6 months to 1 year overstay = 3 years inadmissible. Over 1 year overstay = inadmissible for 10 years.
I already explained that the clock for the kid doesn’t start until his 18th birthday.
If the kid’s inadmissible he can’t get a student visa unless he applies for, and receives, a Waiver of Inadmissibility first. He needs to do that from his own country.
I’m assuming the son is a university student. If he is in his home country- he can apply for acceptance to a US university and then upon acceptance to a US institution he can get a visa. In the US he can apply for university and then worry about visa renewal (or change) after he is accepted.
If he is in the US with an expired visa and tries to apply he will probably get deported and may not be allowed reentry to attend a university (even if he is accepted) because the law had been broken once.
Since they have stayed 3 years after the order of leaving the country, they are now a illegal immigrant regardless how they entered this country. You have to be little more specific in this question, which will enable me to answer more properly.
Was her husband a US citizen or Green Card Holder. Or was he here on some kind of Visa himself ? Are those kids from her husband or from previous marriage ?
And what do you mean by INS asked them to leave ? Were they ordered by an immigration judge to leave the country? If that is true they are in lots of trouble. Normally judges give you 90 days to leave the country. In which duration either a person is supposed to leave or hire a lawyer and give judge a good reason why they should be allowed to stay in US.
From your question, it appears to me that this lady did not hired a lawyer or if she did she has already lost the case. In that case she has an outstanding warrant against her and her kids. Immigration agents are not too prompt in serving warrants or arresting people, but eventually they will catch up..
She still has few choices. She needs to hire a good lawyer. Get remarried in US and reapply for status. Or go back to her native country..
Answering your second part of question, her son has to apply for the visa from his own country, which he will never get due to his previous illegal status. His mom can leave him with some relatives over here so that he can finish his school. He can go back to his native country after finishing school or figure out somehow to stay here. There will more options for him later on.
I hope you find this helpful…
The longer the kid stay, bigger change of getting ANY type of visa denied and barred from entering US>
Kid already lived illegally for 3 years which will trigger 10 year ban.
If any person is banned for 10 years, the only time they are allowed to file visa is after they passed 10 years. And yes it is true.
Well, I would definitely suggest going to a competent immigration lawyer. INS does not have a requirement that you should have lived 2 years. If you entered into a bonafide marriage, you should have been given a green card or removed conditions on existing green card (Considering if Green card was applied). If not, then she can definitely marry again and INS would not require them to go back to their native country. They entered legally and they can apply for adjustment of status while staying in the US under LIFE Act 245(i)