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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12157
Experience:  Write FOR JAMES to get my help!
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I have become sort of a mentor for an 18 year old lady who

Customer Question

I have become sort of a mentor for an 18 year old young lady who came to the US in June for medical reasons. She came to be evaluated and treated at Shriner's Hospital in SC. During that time she stayed with a local family who then invited her to remain with them for the duration of her tourist visa(Dec. 2016). A couple of months ago they invited her to stay to go to school and change her visa to a student visa. Things are not great for those in Ukraine w/ a disability. The application has been made but the question is-Does she have to return to Ukraine in Dec. or can she stay longer pending her student visa application?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: See above
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No just trying to figure out the right way to go.
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Expert James replied 10 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me some time to review your question. It might take a little while, but I WILL be back to continue this conversation.

Expert:  Expert James replied 10 months ago.

As we work through this, think about this as a back and forth conversation. Once you've received the information you need, please leave me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job. Please do not forget to do this before leaving the site. Like you, I want to get credit for doing my job. I am sure you understand.

ANSWER: So long as the application for change of status to F1 student status has been filed before the expiration of her visitor status, she is allowed to stay to await the decision on the F1 change of status application.

I hope I have answered your questions. If I have, then please help me get credit for doing my job, by giving me a positive rating of 4 or 5 stars or any of the smiling faces. If you still have more questions, you can ask them even after you’ve given a rating.

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