Student visa

[Pepa 0]

Hi!I would like to know if I overstayed for 5 months in the US.can I ask for my Student visa or I'm not gonna get it?

Thank you so much

[Transborderwife 4,666]

I would imagine that you'll have a difficult time. How long ago did you overstay?

[aaron2020 11,651]

You are unlikely to get a nonimmigrant visa to the US once you overstay. Hard for the law to help you when you show no respect for it.

[Pepa 0]

I would imagine that you'll have a difficult time. How long ago did you overstay?

I'm here right now

The thing I got married and I thought I can get my papers but is not that easy and I don't like to be here without status.because of that I eas looking for another options but..thank you for being so honest.

I respect the law.I was just ignorant about it.

[Pepa 0]

My husband is resident and he is applying for the citizenship but is taking a long time and I'm tired of being here without status..but I don't want to leave him.

I'm so sad.

What is AOS?

[Transborderwife 4,666]

My husband is resident and he is applying for the citizenship but is taking a long time and I'm tired of being here without status..but I don't want to leave him.

I'm so sad.

What is AOS?

You're ineligible at the moment. He's not a citizen yet. They won't issue you a student visa while out of status.

[Pepa 0]

Then..nothing I can do?

Do you think is better if I am going back to my country?

I really don't know what to do.

I asked two lawyers and one told me to stay and the other one told me to leave.

So difficult.

Thank you for helping me

[Illiria 980]

AOS is adjustment of status.

There is no path for you for aos within the US apart from petition by a qualifying us citizen - your husband would qualify if he becomes a citizen. This is because overstay is only forgiven for us citizen immediate relatives.

[Boiler 45,898]

A visa is for entering the country presumably you are here and entered using the VWP.

[Pepa 0]

Thank you for your replies!

[B&Z 201]

When did your husband file for citizenship?

[Pepa 0]

I have the tourist visa for 10 years but now..I can't use it anymore.I'm so mad at myself because of my ignorance.

Mu husband applied for the citizenship last march.

[WandY 430]

The lawyer that told you to stay is not a good lawyer. In fact, he's breaking one of the canons of professional ethics and possibly the law. You are, in reality, in the U.S. illegally. Go home.

[Pepa 0]

Thank you

[Pepa 0]

I don't think this question goes here but..

If i get out of the country and he becomes a citizen..he can ask me as his wife and I'm not gonna have a problem or is better if I'm in the country?