Legal Question in Immigration Law in Colorado

Out of Status

i am asking this question for a friend of mine who is out of status for the last 5 months. His h-1b visa expired at the end of june and he hasn't found anyone to sponsor him for a new one. What are his options of becoming legal again. If an employer sponsors him for an h-1 does he have to leave the country to get approved or can this be done while he remains in the U.S. Can he get an f-1 visa and join a university even after 5 months of being out of status. Please provide me with details on this issue as time is running out for him. And any other links or information that you may have for him to become legal again. Your cooperation is this manner will be greatly appreciated.

Thanks.


Asked on 12/02/02, 12:54 pm

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Out of Status

If he has been out of status for 5 months, he will need to return home to get a new visa. If he is out of status between 6 and 12 months, he will be prevented from reentering the US for 5 years. More than 12 months out of status will result in a 10 year bar to rentry.

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Answered on 12/02/02, 1:25 pm


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