Ask Experts Questions for FREE Help !
Ask
    marley5's Avatar
    marley5 Posts: 6, Reputation: 1
    New Member
     
    #1

    Apr 7, 2014, 01:31 AM
    Overstay
    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?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
     
    #2

    Apr 7, 2014, 02:33 AM
    He can't come back if he overstayed, probably not for another ten years. He overstayed a stipulation.
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
    Full Member
     
    #3

    Apr 7, 2014, 07:08 PM
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Apr 7, 2014, 09:21 PM
    Agree, he will just have to apply for a visa, and go though the application process.

    How long have you know him ?
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #5

    Apr 7, 2014, 09:28 PM
    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.
    newacct's Avatar
    newacct Posts: 321, Reputation: 21
    Full Member
     
    #6

    Apr 8, 2014, 02:06 AM
    Quote Originally Posted by lawanwadee View Post
    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.
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Did I overstay my visa? [ 1 Answers ]

Can you please tell me if I overstayed my VWP, I was in US from August 23 2010 and left on the 21st of November 2010. I originally bought a ticket from the 23rd of August 2010 to the 18th of November 2010,when I was there I decided to go to Mexico instead than going back to Europe,so I bought a...

Overstay visa [ 3 Answers ]

I overstayed my vacation is the United states by 6 months,and working their while in colledge for my friends business,I was made to sign paper work stating all of this and was told I would be given a copy,I did not receive any paperwork when I boarded my plain baack to Toronto.The only item that...

Overstay [ 3 Answers ]

If you came to the USA on a f1 visa, which is only good for 4 years and have remained in the US on "over stay" for the past 1 month (because it expired in November 2009), and you want to marry an American fiancée , can that person get a Green Card by marrying the American citizen? Is being on...

US overstay Ban? [ 4 Answers ]

Hi there. I will try to be as short but detailed as possible here. I am a US citizen, my husband is a UK citizen. In 2001 my husband came to the states (we were not married yet). He stayed his 3 month allowance and came back to the UK. He then returned to the US after which time we suffered a...

Visa overstay [ 3 Answers ]

My husband and I just got married in April , I am pregnant and he can't find a job because he doesn't have papers. He overstayed his visa... He is from Jordan and I'm american, who can I talk to or what can I do, to get him a work permit without him being deported... If someone calls immigration...


View more questions Search