What Can I Do to Stay in the Country if My Student Visa is Expired?

Full question:

Dear! i came here with the student visa, but somehow i lost them and i couldnt replace one. Now i become illegal , i cant not marry with my girl friend. the only paper i got is the copy of my I 94. i working and i know it illegal but i have to, some time i want to give up my dream but i just wanna try. i dont do anything illegal accept driving without license and working. can you tell me what should i do? where do i should go to do my paper? i stay with my girlfriend and i have to working to take care of them. i cant sleep and stress out alot because my status and i cant not feel the freedoom i use to have. can you tell me the way please? thanks for listening. Merry Christmas to you best wish for you and your familly.

Answer:

For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay. Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S.

Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the Department of Homeland Security’s Bureau of Citizenship and Immigration Services to request an application to extend status. The decision to grant or deny a request for extension of stay is made solely by the Bureau of Citizenship and Immigration Services. We suggest you contact a local immigration attorney who can review all the facts and documents involved.

Please see the information at the following links for further discussion:

http://travel.state.gov/visa/temp/info/info_1298.html

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1ade96981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=28819c7755cb9010VgnVCM10000045f3d6a1____

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If you get married while on an F1 visa, your visa status does not automatically change. However, marriage to a U.S. citizen or lawful permanent resident may allow you to apply for a change of status to a spouse visa. It's important to maintain your student status until your application is approved. Consult an immigration attorney for guidance tailored to your situation.