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Can i apply for an F1 student visa if I went through the deferred action process in 2013?

Alpharetta, GA |

going to college but paying out of state tuition; would need an F1 to pay in state. am i still eligible to apply for it while living in the US

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Attorney answers 1


Unfortunately the answer is no, you would not be able to apply for an F-1 visa. Deferred Action is not a "status" in the sense that a student visa, tourist visa, or a performer visa would be considered "lawful status". You cannot go from "no status" (i.e. DACA) to "status" (i.e. some visa). Even someone here who had, say, an expired tourist visa would still need to leave the US and reapply for a new visa because their "status" would have expired, and again, you cannot go from "no status" to "status" when it comes to non-immigrant visas. That said, if you left the country, it would likely bar you from reentry, so that wouldn't be advisable either. DACA folks can only access in-state tuition if their state allows, and I'm not currently aware that GA does. That may change though. Best to try and manage as best as you can until your options change. Good luck to you.

The answer given here is based solely on the facts provided, which may be incomplete, and is intended for general information only. It does not establish an attorney-client relationship, nor should it be relied upon for further legal action, which should only be taken after first having a consultation with an experienced, licensed attorney.

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