Due to some circumstances, my friend has had to overstay his F1 visa after the 60 day grace period after post-completion OPT period ended by 5 months. He can leave the US now, but he wants to be in the US to get some training as he wants to become a professional athlete. He also feels that the he can get the best training here and not in his home country or elsewhere. He needs to be in the US for about 6 months more.
His options are to just stay back now or to go out and come back in with a visitor visa. However he is afraid he may not be able to get a visitor visa as soon as he goes back. Pls provide some advice on what is best. How easy would it be to get a visitor visa if he goes back now and how soon is it advisable to apply for visitor visa? Or can he just continue to stay?
A person cannot "overstay" while in F-1 student status. This is because there is no expiration date on the I-94, only "D/S" for "duration of stay".
So, your friend would not be subject to either the 3 or 10 year bars.
However, the likelihood of him being granted a visitor's visa anytime soon after remaining illegally in the U.S. is very small.
Overstaying visa time in the U.S. is no longer overlooked. The issue of overstaying while on a nonimmigrant F1 visa has been getting serious attention lately. In the 1996 reforms, the law relating to overstays was drastically changed. The impact of the new law on overstays is particularly harsh.
Overstays may be barred from returning to the U.S. for three or under other circumstances 10 years.Overstays generally are unable to obtain a new visa except in their country of nationality.
So, I would suggest you counsel your friend to go see an immigration attorney to outline the particulars of his situation. Each circumstance is different so online we can only suggest generalities.
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No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.
Good luck to you.
God bless. Best of luck to you.
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