Legal Question in Immigration Law in New Jersey

Student Visa Question

My girlfriend came to the U.S. on an F-1 student visa in January..... Some scholarship money did not come through from her home country so she transfered to another school with the intentions of receiving M-1 status. The school never reported her new status so now she is in default. Her father is a permenent ressident and he is applying for her. Should she leave the states or stay and try to get some type of waiver or something... what can be done


Asked on 3/22/04, 6:23 pm

1 Answer from Attorneys
David Nachman Nachman & Associates, P.C.

Re: Student Visa Question

If your girlfriend is in F-1 status that could be good for her under the circumstances because since her status is D/S (duration of status) she is not likely to be accruing "unlawful presence". If a person accrues unlawful presence of 180 days and they leave the U.S. then they may be barred from re-entering the U.S. for a three year period. If an individual accrues unlawful presence of 365 days he/she may be barred from re-entering the U.S. for a ten year period. The issues for her are very complex and I would definitely recommend that she consult with an immigration practitioner to find out what her options may be. It would also be important to know when her father filed the sponsorship case for her. If it was before April 30th of 2001 then she may have a 245(i) case and may be able to get a green card in the U.S. without having to leave the country.

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Answered on 3/22/04, 9:41 pm


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