QUESTION

What are my options if my visa expired and I have to back home for a renewal?

Asked on Oct 16th, 2016 on Immigration - New York
More details to this question:
I'm an international student who have scholarship from my country and I have an American mother. I used to live with her for almost 2 years and we have a great relationship. She wants to sponsor me. What does she have to do in this situation or what are the steps she has to do? I have visa F-1 (student visa) and she is worried that if I go back to visit my family in my country and when I go back to America, maybe Immigration Department would not allow me. In addition, I'm here in the US since 2012.
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1 ANSWER

Some information is missing from your post, and some might be inaccurate. Expiration of your F-1 visa does not mean you have to go back to your country: once admitted on an F-1 visa, you remain in F-1 status so long as you continue to study full-time in an accredited school and do not accept employment without USCIS authorization or violate your status in any other way; you need a new F-1 visa only if you leave the U.S. and want to come back after the expiration of your original visa (in which case you should talk to the people in the international students' office in your school to make sure you have all the necessary paperwork when you leave the U.S.) Your options depend on several facts: 1) how old are you now? 2) are you married? 3) how old were you when you lived with your mother? 4) when did your mother become a U.S. citizen? More questions will likely arise as you start answering the questions I listed. There is a possibility that you do not need a green card because you might already have U.S. citizenship. Considering how wide the inquiry might branch out, a face-to-face consultation with an immigration attorney will likely serve you best.
Answered on Nov 08th, 2016 at 3:57 PM

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