Can I get a Student visa?

[ionzedi]

I am currently in the US. I have studied in the high school over here and now I am going to join the college. I came here in a visitor visa but I overstayed it. I was a minor when I entered and have overstayed over 2 years. My parents applied for I-130 but did not receive any confirmation yet. I am planning to go back to my country and apply for a Student visa from there. Can I do so?

[Trinity71]

I am currently in the US. I have studied in the high school over here and now I am going to join the college. I came here in a visitor visa but I overstayed it. I was a minor when I entered and have overstayed over 2 years. My parents applied for I-130 but did not receive any confirmation yet. I am planning to go back to my country and apply for a Student visa from there. Can I do so?

You would not apply for a student visa when you have a pending I-130 application.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[inadmissible]

You may apply for a student visa

You certainly will not get it for two reasons:

1) you have a history of not living up to your obligations as a visa holder
2) you may be legally inadmissible to the United States. If you have accrued 180 days of unlawful presence since you turned 18 you will be barred from reentry to the United States after leaving for 3 years. If you have accrued 365 days of unlawful presence since you turned 188 you will be barred from reentry to the United States for 10 years

If you need to leave the United States, do not count on coming back for quite awhile. Perhaps plan to complete your higher education elsewhere until your entry ban is over (if applicable) and you're eligible for an immigrant visa through your parents

It is difficult for us to discuss your options without knowing how long it will take for you to get an immigrant visa, and under what circumstances. How old are you now? Are your parents US citizens or are they Lawful Permanent Residents?

You should consider the possibility that you may be better off remaining in the United States, and going to a college that accepts unlawfully present aliens as students. You should investigate if you qualify for DACA, through which you can apply for the privilege of returning from travel abroad

[ionzedi]

I have a travel document. I am 19 years old and my parents are lawful permanent residents.

[inadmissible]

What travel document do you have that can be used to gain admission to the United States, now that you have overstayed your visitors visa?

[ionzedi]

I have a refugee travel document which will expire soon. Can I re enter the U.S before it expires. does having this travel document till date means that I am not an unlawful resident?

[inadmissible]

If you have an RTD why bother trying to get an F-1 visa?

[ionzedi]

So I can re enter the US with no issues?