My fiancé came on an f1 student visa in 97. He overstayed and went home to Kenya Aug 2013 for medical treatment. How can he return?

He can't come back if he overstayed, probably not for another ten years. He overstayed a stipulation.

F1 students are mostly admitted for Duration of Status. People admitted for Duration of Status cannot automatically accrue unlawful presence. Therefore, he likely does not have a ban, unless there was a final removal order against him.

His chances of getting a visa depend on what kind of visa he is applying for.

Agree, he will just have to apply for a visa, and go though the application process.

How long have you know him ?

He spent 16 years in US. The most lengthy term allowed fro student visa is 5 years, so he is banned from entering US for 10 years.

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Originally Posted by lawanwadee

He spent 16 years in US. The most lengthy term allowed fro student visa is 5 years, so he is banned from entering US for 10 years.

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The ban you are talking about is for a certain period of unlawful presence. He may not have any unlawful presence. People admitted on D/S do not automatically start to accrue unlawful presence.