Deerfield Beach, FL Immigration Law Firms & Lawyers

Sounds to me like you may benefit from the fact that most student related programs do not have a fixed date set for termination. Most of these visas (F, J or M) provide a stay in the US that is for the "duration of status". What that means is that the period of time during which a foreign national is permitted to remain in the US is not fixed by the expiration of their Form I-94. Instead, the foreign national is admitted for as long as it takes to complete a validly authorized program plus some additional time to travel and depart. For instance, an F-1 is fixed by a Form I-20. The Form I-20 will define the period of time necessary to complete the studies and while the student maintains the educational program, all is good. And once the program has been completed the individual is provided with an additional period of time to depart. So there isn't fixed date to leave. The other benefit to this is that if the program is terminated early and one departs the US without a determination that status has been violated, the individual has not accrued any unlawful status which may prevent a return to the US. So in your situation, the problem with having never terminated the program in accordance with the plan may likely to have resulted in any adverse consequences and in turn this would likely avoid any problems with qualifying for a new visa. Now with that said, do not misrepresent anything on the applications that you will file with the consulate. Your word is very important and you want to make sure that you disclose prior trips to the US and the fact that you did not complete a program for which a prior visa was issued. Answer all questions truthfully and you will be much better off than attempting to omit something and then be burdened with the possibility of trouble forever because of committing fraud. Just keep an eye out for the questions on the forms that ask about prior trips and disclose everything that is requested.

It may be advisable for you to just stay in the US until the end of your studies as you may have a problem if you must renew your student visa at an American consulate or embassy. The question is asked on form DS – 160 of whether you have ever been arrested or convicted of any crime or offense. Assuming that you tell the truth and indicate that you were arrested, you would be asked to explain the situation and the specter of having violated your student status and taking illegal employment could arise. If you do decide to attempt to renew your visa, you may wish to bring proof that the soliciting was part of your internship. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

To obtain a change of status to F-2, the applicant must be in valid nonimmigrant status. U.S.C.I.S. does make a few exceptions, but the rule of thumb is that the privilege of change of status requires the maintenance of a current immigration status.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.