Weesatche, TX Immigration Law Firms & Lawyers

Under the law, an individual in the United States under a B-2 status is not allowed to go to school until the F-1 change of status is approved. This of course can bring about some awkward timing issues as U.S.C.I.S. does not adjudicate change of status applications very quickly. Generally speaking, your type of adjudication usually takes three – four months to complete. That is why your university is deferring your course until January. U.S.C.I.S. will generally adjudicate an application on the basis of the I-20 form which is submitted with the application. It will not usually ask for another I-20 unless the time of schooling on the I-20 has already ended. It is highly doubtful that there would be any problem with the school's action.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.  

A person can eventually get a green card after being granted asylum. As for a work permit, they can apply for a work permit after the asylum is pending for 150 days.

If her overstay was after April 1, 1997 and on certain visa types, then when she returned home she has triggered a 10 year penalty before she can return. Not a question that can be answered generally without knowing the specifics of your sister's case, when she came to the U.S., when she left, type of visa. In any case she would need to qualify for a new visa and likely also get a waiver of the 10 year bar before she can return.