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

Asked over 1 year ago - 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. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . 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)... more
  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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