F1 visa and overstays?

[SusieQQQ 11,586]

1 hour ago, Lemonadepie345 said:

By the time my sister is set to finish school, we can’t tell what the political climate will be and I honestly don’t want her to incur a ten year ban because who knows what might happen over the next couple years.

You realize right that if your sister goes back “home”, regardless of ban or not, she’ll probably never get another visa to return to the US given your family history? 

[Boiler 45,499]

There was a thread the other day where I suggested the possibility of a Student Visa and got shot down, this situation sounds a much weaker case for a CoS.

[TNJ17 1,329]

I really think that you and your sister should make an appointment with an immigration lawyer and fix your statuses before you start accruing illegal presence. After you’re illegal things become much more difficult. I think it’s safe to say that your parents don’t really care if they’re there legally or illegally. 

[SusieQQQ 11,586]

1 hour ago, Boiler said:

There was a thread the other day where I suggested the possibility of a Student Visa and got shot down, this situation sounds a much weaker case for a CoS.

Agree, yet, the sister somehow managed one. 

[Boiler 45,499]

As a newborn I think.

[SusieQQQ 11,586]

19 minutes ago, Boiler said:

As a newborn I think.

By sister I meant OP, who recently changed status to F1.

 

edit: for some reason I assumed OP is female. I’m not sure if that’s correct.

 

 

Edited June 23, 2018 by SusieQQQ

[Boiler 45,499]

Yes, certainly odd.

[NancyLyz 58]

That's an interesting situation. The OP's sister would have qualified for DACA before (based on information OP provided). Unfortunately, that's no longer possible.

https://www.immigrationequality.org/get-legal-help/our-legal-resources/path-to-status-in-the-u-s/daca-deferred-action-for-childhood-arrivals/#.Wza76xJKjOQ

 

For OP the challenge will be when you're going for H1B or adjustment of status in the future, whether OP will be approved or rejected based on his overstaying history will be something tricky. 

 

Talk to your parents and confront them with all the information you collected. Ask for their alien number or sevis record if they insist that they're still on valid F visas. And if they really don't want to tell you anything, let them be. Just plead them to provide information about your sister so you can help her with her status. 

 

After getting as much as information you have, quickly consult with an immigration attorney, probably a good one. Understand your risks and chances. Talk to your sister to make sure she understands everything. Then as individuals, it's up to you and your sister to determine whether you want to stay or go back home risking that you may never come back.

 

 

 

[Haideraaz 19]

Your case is weird but believe it or not I guess you are still LEGAL !