Can a nonprofit organization sponsor a non-resident student who overstayed his visa? What other legal options does he have?

Asked over 1 year ago - South San Francisco, CA

The student is not covered by Deferred Action (missed ONE of the eligibility requirements). The student doesn't have any advanced degrees to be qualified as "skilled worker.

Attorney answers (3)

  1. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, they can file for a cap-exempt H visa ... if the job requires a BA and if the 'student' has a BA.

    BUT, the 'student' will need to go home to apply for the visa.

    There are special 'overstay' rules that may help the student.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Haroen Calehr

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . you cannot change your status here in the US and will be required to travel overseas and "consular process" if USCIS approves your H-1B to clear any previous out of status/unlawful presence here in the US. Depending on how long you have been out of status will make it more difficult if not impossible to obtain a visa overseas at the consulate/embassy overseas for the new H-1B visa since by departing the US you may trigger a 3 or 10 year bar on returning to the US due to your previous out of status condition in the US. You need to seek advice of competent immigration counsel prior to doing anything. Good luck.

  3. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . The student has two options on these facts: return home and try to build his or her life there; get better education, find a job, build a family and so on; or stay here illegally hoping for immigration reform which may never happen, wasting his or her youth doing so.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more

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