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What happens to a F-1 student visa holder,graduated, who overstayed visa because the student had to wait for the court dates?

New York, NY |

The graduate told the attorney about that but the attorney couldn't make the process faster. The graduate has now overstayed the visa because the graduate had to wait for the next court date... ALSO, the graduate is completely innocent. Was falsely arrested/accused by his ex. The case is going to be dismissed without a trial, and the graduate never has been able to defend himself.
Since the graduate overstayed his visa, the graduate should have a 3 year penalty (more than 180 days, less than a year). However, what if the graduate can prove he was waiting for the court dates, will that change anything?

Attorney Answers 2


  1. It might, but will not in this case. Why the graduate did not file for a change of status to some other nonimmigrant visa, let's say b1? In this case the graduate's state might have been rendered authorized by the AG.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


  2. The overstay will be an issue to be overcome in future visa applications.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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