Middle school student here in U.S. illegally: Go back to Mexico for student Visa for college?
Ok, so there's this 13 yr old here illegally. She is smart enough to be whatever she wants, but she is illegal. If she wanted to return to Mexico in order to apply for a student Visa, would she have to do it before she is 18? What if she was 18 when she went back to Mexico (as in she graduated from high school then left the U.S.) Would they let her back into the U.S. with a student Visa? How long would that take? How could this work?
Immigration - 3 Answers
Random Answers, Critics, Comments, Opinions :
1 :
She would have to go back to Mexico within 6 months after her 18th birthday in order for her illegal status not to be held against her. If she does that, then there is no reason why she couldn't return on a student visa.
2 :
She has to return before 18 to avoid .. thhe ban on entering the US a few years earlier would be better still Student visa will depend on her getting her I-20 and bing able to finance the schooling
3 :
If she leaves the U.S. before she is 18, she might be able to avoid the "unlawful presence" charge, but that would not assure her of being able to obtain an F-1 visa. An applicant applying for a student visa under INA 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) or INA 101(a)(15)(M) (8 U.S.C. 1101(a)(15)(M)) must meet the following requirements in order to qualify for a student visa: (1) Acceptance at a school (see 9 FAM 41.61 N2 and N3); (2) Possession of sufficient funds (see 9 FAM 41.61 N6); (3) Minimum preparation for course of study (see 9 FAM 41.61 N7); and (4) Present intent to leave the United States at conclusion of studies (see 9 FAM 41.61 N4). After living in the U.S. most of her life, who is going to believe that she intends to leave the U.S. at the end of her studies? At this moment, she does not have a foreign residence to which she intends to return. Why would anyone think that she would have one when she's 18? The chances of her being denied an F-1 visa based upon her history in the U.S. are much stronger than her chances of being given an F-1 visa.
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