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Continuing Education without permanent residency

Asked Mar 16, 2009, 07:35 AM — 1 Answer
State : New York

Hello I have a friend who came to the United States on a temporary visa sometime during grade school and she has continued her education up till her current status as a first year in a city college. Her temporary visa has expired for quite a while and she would like to continue her education here and if possibly obtain permanent residency. I was wondering what options were available in her current position. Should she contact a immigration attorney? Her family's immigration status is the same as hers.

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DCcityboy's Avatar
DCcityboy Posts: 649, Reputation: 138
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Mar 16, 2009, 11:35 AM
It sounds like she has been out of status for a long time. There is no nonimmigrant visa classification for this situation in that she apparently was in the correct visa classification, but overstayed.

For permanent residence, she will need a way to get permanent residence, that is a qualifying relative.

You should see if she is grandfathered for section 245(i) and she may be able to find her own employment-based petitioner, depending on her employment history.

You definitely need to consult with an experienced immigration attorney. Good luck.
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