Immigration Issues/Student Visa

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QUESTION: Hi,

  I've over stayed my Visa, but I am still taking classes at my college. I'll be graduating this May. I've also missed the 5 months VISA extension petition.

  Once I graduate, do I have to leave the US for a company to be able to sponsor me on a work visa? I belive an OPT is out of the question.

  Also how can I avoid being barred from entering the states again.

  So do I have to leave? or can I fill out forms here that will allow me to work at a company that is willing to hire me. And what should I tell the company about my status and proceedures for hiring me?

Thanks
H.A.B.

ANSWER: Did you come on student visa? Did the school extend your I-20?
I need this info to be able to correctly answer your questions.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: Hi,

  Yes I entered on a valid student visa. And My visa was extended once previously, to facilitate a co-op work.

  I'm not sure if this will give me more choices or not, but I have a brother who is 1 year older than me (i'll be 26 in end of march), who is a permenant resident green card holder, through the marriage of an american citizen...

Answer
Brother can not help you until he is a citizen and then the case would take more than 10 years. If you came on F-1 and were given d/s (duration of status) and always had a valid I-20, it does not matter that visa expired. You would be able to get OPT. If you really fell out of status, you can not get back to being legal unless you marry a US citizen.

Regards,

Robert

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