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Is it possible for me to obtain a US student visa if I overstayed?

San Diego, CA |

I KNOW I POSTED THIS QUESTION BEFORE. I FORGOT TO MENTION THE FACT THAT I AM WILLING TO GO BACK TO MY NATIVE COUNTRY to apply for a new student visa.

I came here 2 years ago on a tourist visa, and now I just turned 18. I understand that I have less than 6 months to go back to my native country to avoid the 10-year ban. I've been studying in a public high school.

Attorney Answers 3

Posted

You would be very wise to leave the USA before you accumulate any out-of-status time that will cause a bann. You can apply for a visa from outside the USA.

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Posted

You can always try. Make sure you have proof of admission to a school - an I-20. Also, you have to maintain your residence abroad, which means that if you are ucky to be issued an F-1 visa, you must return to your country after you complete your studies (and, possibly, optional pratical training). You may have to go through more scrutiny considering your previous overstay. Also, you may wish to consult a lawyer to discuss your immigration history and determine whether there was any previous fraud.

Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response should not be construed to create an attorney-client relationship. Please help stop notario fraud and share this web site: www.stopnotariofraud.org.

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Posted

If you are already 18 years old and have overstayed 180 days but less than 365 days, you will be subject to the 3-year ban. The 10-year ban is not the only ban to reentry. You may need to consult with an immigration lawyer on your specific situation.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

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