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How can a 17 year old H4 holder finish high school in the US if his visa expires?

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  • How can a 17 year old H4 holder finish high school in the US if his visa expires?

    Are there any options? He might be able to stay with my family friend who is a green card holder. He wants to finish his remaining 1 year of high school and move to F1. His father's H1B got denied when filed for an extension.

  • #2
    Originally posted by pranavb View Post
    Are there any options? He might be able to stay with my family friend who is a green card holder. He wants to finish his remaining 1 year of high school and move to F1. His father's H1B got denied when filed for an extension.
    he can apply for an F1, but I believe he would need to be in his home country for that, other than that as soon as that visa expires, he's going to start accruing unlawful presence, so he needs to be careful in his decision making right now.
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

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    • #3
      Originally posted by krypton9591 View Post
      he can apply for an F1, but I believe he would need to be in his home country for that, other than that as soon as that visa expires, he's going to start accruing unlawful presence, so he needs to be careful in his decision making right now.
      One does not accrue "unlawful presence" for the purposes of the 9B ban while under 18. So even assuming his I-94 is expired, he would not accrue "unlawful presence" for the purposes of 9B until he turns 18. But he would be deportable at any time.

      This is my personal opinion and is not to be construed as legal advice.

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