Study on Visitor Visa

At the present time the student who entered the US on a visitors visa and overstayed is ineligible to obtain a visa or a green card, since he has been out of status in the US for more than 365 days and is therefore subject to a 10 year bar from obtaining a visa or a green card. He is also subject to deportation should he come to the attention of Immigration. He is not authorized to work in the US. However, if the Obama administration passes comprehensive immigration reform next year, he may be able to take advantage of an amnesty provision in the new law, if he is eligible.

The previous response provided important information about risks and limitations faced by someone who has overstayed his visa. Here are a couple of additional thoughts.

If a person enters the U.S. lawfully and with inspection, overstays his visa, but then marries a U.S. Citizen, that person may adjust status to become a Lawful Permanent Resident (get a "Green Card") notwithstanding his extensive unlawful overstay.

A word of caution: the immigraton status and circumstances facing some people often are not as they may appear. For example, the person you know may have entered an a visitor's visa, but then changed status to get a student visa. Some people are very private about their immigration situation, some are misinformed and some even tell fibs. If the person you know has questions about being able to continue attending college, about possibilities for remaining in the U.S. in legal status, about employment authorization, etc., he should consult with an immigration attorney.

[Note: Consistent with Avvo policy, this communication is intended as general information and not as specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, PC
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com