Out of status switching to student visa possibility

[Annie2024 0]

I came with my husband and our 1yo daughter 4 years ago with a tourist visa. At that point, we didn’t have the information about a student visa. Currently, I was told about a possibility to recover our status and apply for a student visa as a path to become legal. Anyone with experience on that?  I understand we shouldn’t have overstayed. Now we have also a second child that is a citizen. We are trying to find a possibility to be become legal, if any.

If we can get the student visa we really want to continue our education. 

[powerpuff 6,703]

It’s not possible to change from a tourist visa to a student visa if you violated the terms of said tourist visa which you did by overstaying. You also have a 10 year ban. 

[Annie2024 0]

Thank you powerpuff, the path I was told was to recover the status first and after that to start the process to switch the visa. I am really interested on the possibility of recover the status if this is a real possibility.

[powerpuff 6,703]

Just now, Annie2024 said:

Thank you powerpuff, the path I was told was to recover the status first and after that to start the process to switch the visa. I am really interested on the possibility of recover the status if this is a real possibility.

How exactly are you planning to recover your status at the moment? I don’t see how that’s remotely possible. 

[Annie2024 0]

It was a lawyer that told me about this possibility. They also mentioned that it would have the risk of leaving the country immediately if the status recovery was not approved. I am skeptical about this possibility as well. That’s why I came to this large community to see if anyone had this experience before. If my chances to be forced to leave the country is high, I would not try this path at all.

[powerpuff 6,703]

Sounds like he wants to fleece you for money. If this were an actual thing, I’m sure it would be well known and tried by everyone who overstayed.

 

I’m sorry but you do not have a path to a legal status in your situation as of now. When your US citizen child turns 21, they can sponsor you and you can adjust status in the US and the 10 year ban will be forgiven as you are an immediate relative of a US Citizen. If you leave the US at any point you will have to serve the 10 year ban first. A US citizen child will not be able to file a waiver or do anything about it, you will have to serve out the full ban. 

Edited November 20 by powerpuff

[SalishSea 17,833]

2 hours ago, Annie2024 said:

It was a lawyer that told me about this possibility. They also mentioned that it would have the risk of leaving the country immediately if the status recovery was not approved. I am skeptical about this possibility as well. That’s why I came to this large community to see if anyone had this experience before. If my chances to be forced to leave the country is high, I would not try this path at all.

Sounds like you have a charlatan lawyer.  A change of status (COS) from B to F1 would have been possible if you hadn't overstayed, but not now.

 

Also:  an F1 is a non-immigrant visa, which I can't ever see you getting again with an overstay.   Why would they take your word for it that you would leave after completing your education?  You have violated the terms of one visa, and likely will do it again.

 

Are you really happy to stay here as an illegal immigrant for 20 years?  Have you read about what is coming down the pike for undocumented immigrants next year?  If it were me, I'd take my child and leave while I still had control over the situation.

[Lemonslice 4,841]

@Annie2024 - before making any decision, you might want to reach out to legal help in your area. 

A list is available here: https://www.immigrationadvocates.org/legaldirectory/

[igoyougoduke 1,656]

13 hours ago, Annie2024 said:

I came with my husband and our 1yo daughter 4 years ago with a tourist visa. At that point, we didn’t have the information about a student visa. Currently, I was told about a possibility to recover our status and apply for a student visa as a path to become legal. Anyone with experience on that?  I understand we shouldn’t have overstayed. Now we have also a second child that is a citizen. We are trying to find a possibility to be become legal, if any.

If we can get the student visa we really want to continue our education. 

 

you just have to wait until your US citizen child turns 21 and they can sponsor you for permanent residency 

[manyfudge 291]

The person you are really messing up is your older daughter. 

 

She will grow up feeling like an American, but will NOT be one.

She has no path to a GC unless she marries an American.

 

[Crazy Cat 41,884]

18 hours ago, Annie2024 said:

I came with my husband and our 1yo daughter 4 years ago with a tourist visa.

I would not advise anyone to remain out of status.  Your risk for deportation increases every day.  The risk will be much higher in exactly 2 months, imo.  I agree with the others that there is no legal path for you as you described the situation.  Honestly, I would strongly consider going back.

Edited November 20 by Crazy Cat

[appleblossom 2,537]

52 minutes ago, manyfudge said:

The person you are really messing up is your older daughter. 

 

She will grow up feeling like an American, but will NOT be one.

She has no path to a GC unless she marries an American.

 

 

I couldn't agree more with this. It's simply not fair on her. Watch 'Immigration Nation' on Netflix, and see if you want to take the risk of her having to go through that.

 

You'd be better off leaving asap and then trying to come back legally once your ban is ended (use the time to get a degree/masters and work yourself in to a position where you might qualify for a work based visa). Far better to leave whilst you're in control of it all. 

 

Best of luck to you. 

[beloved_dingo 1,979]

Just to make sure I'm not missing something here - no one in your family is a U.S. citizen (or green card holder) except your youngest child? 

[Annie2024 0]

Yes, I don’t have any other relative that is a citizen besides my youngest child.

[Annie2024 0]

For everyone that took the time to comment I am thankful for every word and insight. I agree that it is hard on my family, even more in my daughter. I just want to mention that the previous condition that I had in my country was even harder and I am looking for any existing way to make this better. If necessary to go back, we will, but first I want to check all the possibilities.