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Immigration Issues/h4 out of status- convert to f1??


I am nearly 21 years old now.I am under h4 (which expires first week of this december) as my dad is under h1b. However, my dad is jobless now, so he is out of status i think, and I am also out of status. Is it true? It has nearly been 3 month since he lost his job. My visa expires this December. I am a student as well. So, I want to change my status to F1 as soon as possible. Please temme if it would bring any complications as to my case. Or, would it go okay for me converting to F1. Please help! I am worried about my being out of status if it is and it bringing problems while i attempt to change my status. What should I do??  Please help.

Unfortunately you are correct. When your father lost his job he went out of status. Not immediately, but I believe there is a 30 days or more for him to leave or find another job that will sponsor him and allow him to stay.

Otherwise he and your family must leave. It is very important that your family does not stay in the USA out of status for more than 180 days. After that period if a job or visa becomes available it will be denied because of the 180 days overstay.

I am sure you and your family do not want to hear this, but the best thing to do is to leave, go back to your home country, and try to start again. At that point you can re-apply for visas, whether student visa or otherwise, and you will probably be looked upon favorably since you obeyed the law.

Go talk to an experienced immigration lawyer. If you act very quickly it may be possible to convert your status to an F1 student visa, but I believe it could be risky. If it is denied, and it is determined that you were here out of status for more than 180 days, then you will be barred from getting a visa in the future unless you can prove you actually left the USA and stayed out of the USA for a very long period of time. 3 years if your overstay was over 180 days but less than a year. 10 years if your overstay was over a year.

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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