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F1 Visa Questions

F1 visa applications can seem tough to get even though they are increasing in numbers. F1 visa laws and the application process can be confusing, and result in doubts and questions. By extension, questions about the F1 visa are quite common on JustAnswer. Read below the top F1 visa questions that have been answered by the Immigration Lawyers on JustAnswer.

If someone overstayed their F1 visa, is there any chance of coming back to the states?

Since there is usually a ten year bar on overstays, you will need an extreme hardship waiver in order to return before that time. These waivers are extremely hard to get and take a minimum of six months during which you cannot return to the US. If you are approved for the hardship waiver, then you can apply for permanent residency. If you’re not sure whether you would qualify for a hardship waiver, you can describe your situation in detail to the Immigration Lawyers on JustAnswer and they can direct you accordingly.

Is there any way other than marriage, that someone with an F1 Visa can become a permanent resident?

An F-1 student visa holder cannot just become a permanent resident. There is also no exception for someone who stays in the US for 10 years or more without permission. In fact, doing so without a visa or other permission may subject you to deportation and a 10-year ban from entering the US. There are only a handful of ways someone can get a green card: employment, DV lottery, and asylum or refugee status.

If someone on F1 visa applies for asylum after one year in the USA and is denied, will they be deported and will it affect their future applications to change the visa status to a H1B or a J1?

If you are still in status and are denied asylum status, you would not be deported as long as you continue to maintain your F-1 student status. You cannot have someone else who is not a US citizen petition for you. All you can do is maintain your status, get your Optional Practical Training when it is time, then get an H-1B if you can get an employer to sponsor it, and eventually a green card through employment. If you have questions regarding your qualifications for F1 Visas, bring your questions to the Immigration Lawyers on JustAnswer.

If someone from South Korea applied for an F1 visa, and was admitted with an F1 visa & I-20 both showing F1 with D/S, then applied for E-2, C.O.E. and was terminated by the school for absence, can they apply for a F1 reinstatement? How long does it take for M or F Status if the M was listed incorrectly?

It's supposed to be less than 5 months for either M or F status. If it is incorrectly listed as M, you can ask them to correct it, but of course you will have to show the evidence that it should have been M and not F. You can reapply for F1 — it would be 5 months from the time that the person stopped taking classes. The law says "out of status" and means as soon as a person stops taking the required courses. However, in order to be reinstated, one must prove that stopping the classes was beyond the control of the student.

While having an F1 visa and performing "occupational training", if one had an employer who is wishing to sponsor you for either an H1B or H2B visa, how long would it take for one to get a certificate of labor when one starts the process while living in NY?

Employers are advised to file requests for H-2B certifications no more than 120 days but at least 60 days before certification is needed. So it could take anywhere from 2-3 months for labor certification for the H-2B visa, in addition to the processing time for the visa itself, which is anywhere from 1 - 3 months. However, for an H-1B application, you don't need a labor certification. Your employer must complete a labor condition application, fill it out electronically online, get it approved, printed and filed with the application for H-1B visa. For New York applications for H-1B visa, the processing time is 3 - 6 months for a result.

Filing for any type of visa whether it be F1 student visa or working with a F1 visa, you need to make sure you do not violate the provisions of your visa status. It is also important that you apply for and secure a visa that is most appropriate in your specific case. Understanding the legalities of the various visa classifications and the legal recourse available to you can be confusing and result in doubts or questions. Bring your questions or doubts to the Immigration Lawyers on JustAnswer and get answers to tough questions quickly.
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