Oneida, NY Immigration Law Firms & Lawyers

He will be out of the country for between 6-12 months IF the waiver is granted. He could be gone for up to 10 years if his wavier is not granted. Please call to discuss the specifics.

It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Are you marrying a U.S. citizen? Green card holder. Someone from your home country. Is your father a U.S. citizen or green card holder.

The stamp "D/S" ("duration of status") in your passport means that you were permitted to remain in the U.S. so long as you remained a full-time student of the school that issued your SEVIS Form I-20. The expiration date of your visa is the date until which you could *enter* the U.S., and does not give you the right to remain in the U.S. until August 2018. Once you stopped attending your school full-time, you F-1 status automatically ended. If you are, as you state, out of status since December 2013, you are "unlawfully present in the U.S." for over 1 year. It makes you subject to deportation. It also makes you inadmissible for 10 years (meaning that, once you leave the U.S. you will not be permitted to return for 10 years). Once again, you are *not* eligible for re-entry. It also makes you ineligible to change status in the U.S. or to adjust status (receive a green card). Exceptions from these rules are very limited: a) you may receive a green card if your U.S. citizen spouse files a petition asking the government to let you become an immigrant in the U.S.; b) you might be granted a green card if your deportation would cause exceptional and extremely unusual hardship to your spouse, parent, or child who is a citizen or permanent resident of the U.S.; or c) you might be granted a special status if you cannot return to your country because you would be persecuted there because of you race, ethnicity, religion, political position, or particular social group.