My friend came here 4 years ago on a student visa. He is no longer in school. What should he do?
Answer:
He should consult with an immigration lawyer who will offer the initial visit free. He need not worry about being exposed, lawyers confront these issues all the time, they have no reason to out your friend.
He is out of status. He should have tried for an H1B visa before graduating or should have gotten an approved internship while waiting. It bothers me that people sign up for visas that clearly are temporary, and assume they should be able to stay when it runs out.
Have him return to Gambia..then apply from there....
He must re-apply.They will deport him and he will be banned from coming back possibly for a year,the visa has to be re-newed before it runs out a bit like car tax.
He might be able to get a new I-20 through his school. But if he doesn't and he has no current valid nonimmigrant status, he cannot bring it "up to date" without leaving the US. He has no authorized stay to extend. He can apply to change his status, but he would have to leave the US to go get the visa and re-enter.
He probably can do a voluntary departure in lieu of deportation if he is marked by the officials. He should consult an immigration attorney, since he may have accrued unlawful presence.
The easiest way for him to stay would be to marry a US citizen. All other ways will get him deported from the US and barred for 10 years from gaining entry to the USA.
Alternatively, he could leave the USA and return with a new visa. Trying to get a new I-20 from the school will only get him deported and so will trying to change to another status from his out-of-status. Only marrying an American citizen can make him legal after he has been out of status for long.
He should talk to an attorney. Keep in mind that marriage to a US citizen does not guarantee the green card. He is already in violation of the laws.
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