Legal Question in Immigration Law in Texas

Student legal status

Demi, an international student here in the US is attending a community college however has an illegal status. She came here 2 years ago and stayed on. She would like to become a legal full time student. What's the easiest and quickest way for her to achieve this?


Asked on 11/15/07, 10:05 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Student legal status

There actually is not an easy, quick way to correct this, since she overstayed her visa.

If she entered as a student, it should have been for duration of stay, meaning as long as she stayed in college.

If she entered as a visitor, then she cannot stay without a valid reason that validly qualifies under one of the categories, most commonly in the areas of employment-based, family-based or asylum.

If she has overstayed more than 6 months, she has a 3 year reentry bar, if she has overstayed more than one year she has a 10 year reentry bar.

She needs a lawyer to determine if there are any options available to her. If she retains an attorney she may speak confidentially. If she contacts USCIS directly, she risks removal, without any options.

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Answered on 11/15/07, 3:27 pm


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