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Immigration Issues/F1 violation of status

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Question
Dear sir,
i graduated with my masters back in 2007. I received my OPT and then i applied for a second masters starting January 2009. I went back to my country, got the new visa, came back and never went back to school or left the country due to financial problems.
Do i have any chances to receive a working visa or something to be able to travel without getting married to a citizen? Also, the visa i have expires next December. Am consider to be here illegal now since i never showed up for classes?
thank you very much

Answer
Hi,

In order to extend or change nonimmmigrant visa status within the U.S., you would need to be maintaining your current nonimmigrant visa status. Since you are not a full-time student and are thus violating status, you cannot change status within the U.S.

However, there is an exception: if there is a bona fide marriage to a U.S. citizen, you should be able to adjust status in the U.S.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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