QUESTION
If I'm coming to the US using an F1 visa and if I fall out of status, is that a crime?
Asked on Jun 11th, 2013 on Immigration - Texas
More details to this question:
If my relative over there is offering a job, will I be able to get a legal visa? (employment visa).
4 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
It's not a crime, but you will be deported if you fall out of status. In addition, there is no such thing as an "employment visa". However, there are employment based immigration categories which you may or may not qualify for.
Answered on Jun 11th, 2013 at 11:48 PM
If you are not in valid F-1 status at the time an employment-based visa petition is filed on your behalf, you will not be able to change status to the work visa.
Answered on Jun 11th, 2013 at 10:17 PM
No it is not a crime, but a violation of law. And no you won't be able to get an employment visa because you are already out of status.
Answered on Jun 11th, 2013 at 10:17 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
Falling out of F-1 status is not a crime, but you will no longer be in valid non-immigrant status and may be arrested and removed from the US. If you qualify, you can apply for a change of status to an employment-based visa but you cannot work legally until your application for change of status has been granted. The application is normally filed on form I-129.
Answered on Jun 11th, 2013 at 11:18 AM