San Diego, CA asked in Immigration Law for California

Q: If I am a high school students and my B1/B2 visa expired, do I have any options to be in legal status for college?

I came to the US when I was 3 years old from Mexico on a B1/B2 visa with my family. We did not follow the rules and leave every six months like we were supposed to. In 2016 found out my visa expired had already expired in March of 2015. At that point, DACA had already been removed. I am a senior now and I am looking to go to college. Do I have any options to become in legal status? Can I apply for a student visa now that I have been accepted to colleges? Is there any forgiveness for me being a kid when all of this happened? I did not even know I was not a citizen until I was older.

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1 Lawyer Answer

Deron Edward Smallcomb

  • Immigration Law Lawyer
  • San Diego, CA
  • Licensed in California

A: It is likely that your overstay will not be held against you if you leave the country before reaching 18 years of age. If you applied for an F1 visa in your home country, you could then return legally for college. That said, there are so many variables in your situation, you should definitely contact an experienced immigration lawyer for legal advise.

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