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I just got divorced via the default divorce decree And

Customer Question
Hi, I just got...

Hi, I just got divorced via the default divorce decree And received the notice from court last week. I need to apply for a change of status for my visa. I haven't done that yet. I was wondering if there is still time to apply for it now. As I have also placed a motion at court to set aside the default divorce decree and I have a court hearing in Feb 2018. I need immediate help kindly let me know

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I have a VISA extention approval notice on my previous H4 visa. The approval notice said I can stay in the US until Dec 2018. But since the divorce got final. I do not know if it will affect my current visa

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just I want to know my current immigration status and how to apply for a change of status

Submitted: 7 months ago.Category: Immigration Law
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Customer reply replied 7 months ago
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12/2/2017
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 7 months ago
Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 125,928
Experience: Immigration Law Expert
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, under the H4 visa, once you are no longer married to someone with the H1 visa, you need to either leave the US or apply for change of status to some other status, such as your own job applying for your own H1 visa or a student visa by enrolling in school or a U visa if there was any physical violence against you by your former spouse.

Other than having a valid reason for obtaining a new visa status, you need to make arrangements to leave the US in a reasonable time, even though your visa says 12/18, the divorce means that it is ended (while the law says immediately, there is no real penalty for overstaying on a visa for less than 6 months).

So, you either need to arrange for some other type of visa you can qualify for or you need to arrange to leave the US and find some other visa qualification to return.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
Hi, Thank you for your response. Although, the response was helpful. I needed more information regarding how to apply for my own H1 visa and what other visa categories I qualify for because I just graduated from school and obtained a Master's degree here in the US.Kindly let me know
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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