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CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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my friend has come to US in student visa and he is deported

Resolved Question:

My friend has come to US in student visa from Nepal 2 years ago and he is deported now but still in US. Is there any way that he can apply for any other countries like UK, Australia, or any one as a student being here in America physically? or he needs to go back to Nepal and apply from there? (Actually he doesn't want to go back to Nepal.) So tell me if there is any way that he can apply for and get student visa from any other country (applying from USA)?
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 7 years ago.

As far as the UK rules go, you need to apply for your visa in a country in which you are usually habitually resident. If you are considered to be usually habitually resident in the USA then you can make your application from there.


I don't quite understand what you mean when you say that he was deported from the USA but that he is still there.. Was he deported or not?


If he wishes to study in the UK, he will need to get accepted onto a course of study in the UK and then make an application to the British Embassy in the USA to come here under Tier 4. Even if he meets the rules the fact he was previously deported from the USA may raise some questions but it depends on why he was deported. If he committed criminal offences then this could hinder his application to come to the UK.


Customer: replied 7 years ago.
I am trying to say that after he is deported he is living in the US illegally. So being illegal in the US can he apply from the British embassy in USA?
Expert:  CharlotteSJ replied 7 years ago.

The act of being deported means that you are removed from the country so do you mean he was physically removed from the country and then he has re-entered illegally or that he has just been served with deportation papers but he never actually left?


As I said above, in order to make an application to come to the UK, he will need to go through the embassy in the UK. If he is living illegally in the USA, then it is unlikely that they will accept his application although there is a possibility that they might.


It is up to your friend as to whether he wants to try. He needs to be aware that whether his application is successful or not, he will lose the fee he pays. It's therefore his choice whether he takes that risk or not.


Obviously if he doesn't satisfy he criteria for the visa he is coming on then he is unlikely to be successful.


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