Immigration Issues/B1 B2.Overstay


Hello Mr.s Singh,
My husband and I are on a B1 B2 visa and we have a daughter who is  a US citizen and is in school. What we did was stay the full six month. I went out and came back in and was given a month. My husband time expire on the 10 of August and our lawyer never applied for his extention as we request. My Questions are as follows:
1 what is the grace period for him and Can he leave and return within the month, so that I can leave and come back in to be with my daugther.
2 Can i apply for school and change my status and change y husband paper work.

Dear Latoya:
Overstaying the stay period is not good; depending on days/time of overstay it may invoke 3 year bar (if over stay more than 180 days but less than 1 year) or 10 year bar (if overstay for more than 1 year.)

Regarding grace period, no specific time is stated in law but a reasonable period of 30 days is considered reasonable time to leave; however, you may have more than 30 days for good cause shown.  

You may change status to F1 and/or F2 (student visa) within your lawful stay period.  

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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