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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105668
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I stayed longer than my 4 months on my passport what do I

Customer Question

I stayed longer than my 4 months on my passport what do I do
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. You mean 4 months longer than your I-94 allowed? What visa did you use to come into the U.S.? You have already left the U.S.?
Customer: replied 1 year ago.
No I'm from Canada and I've been in the U.S. Longer than the allotted 4 months and my passport expire in 2 days. What do i di
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, as a Canadian, you have 6 months EACH trip. So you have stayed 4 months longer than the 6 months allowed?
Customer: replied 1 year ago.
No just 30 days
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Your responses are still a little confusing. Let's try the following: 1) What date did you enter the U.S.? 2) You just used your Canadian passport? 3) When you ask what do you do? What exactly do you mean? You want to know how you can stay? Or if you can just leave and come back later?
Customer: replied 1 year ago.
I came to the U.S. On Dec. 15 2014. My passport expired on the 10th of July. How can I stay
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It may be too late for that. How long do you want to stay? Why can't you apply to renew your passport?
Customer: replied 1 year ago.
Can I reapply on line or do I have to go back to canada
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I'm sure you can renew your Canadian passport at the Canadian embassy in the U.S. That's not going to resolve your problem with U.S. immigration. You entered to visit. Did that change? Are you looking to be a student or get status through employment or through investment or through a U.S. Citizen?
Customer: replied 1 year ago.
Yes I entered to visit but I want to enroll into college. What will my problems be with the U.S.
Customer: replied 1 year ago.
Yes I entered to visit stayed 30 days longer and I m trying to go to college
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
The problem is that they will ask for you to prove legal status in the U.S. and you cannot do that anymore. So you will have to leave the U.S. and apply for an F-1 student visa outside of the U.S. You MUST leave before you reach 180 days of being out of status because if they determine that you are unlawfully present for more than 180 days after June 13, 2015, then you cannot come back for 3 years unless you get a very hard to get waiver. Since you have a little time before you activate the 3 year bar, you should try to find a school that will accept you. Here is a link to start you off: http://studyinthestates.dhs.gov/ You can also look for a J-1 program, but I do not recommend that because many J-1s are subject to a rule that you have to go back home for two years after you are done. Here is a link to that: http://j1visa.state.gov/programs/ Unfortunately, because you have overstayed, you cannot change status in the U.S. You have to leave and apply from outside of the U.S. I am truly sorry. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you for your kindness and respect. Good luck to you.