Felicia Persaud
This is new column created especially
for immigrants concerned or unsure of issues pertaining to the
United States Immigration Law. The column, will address some of
our readers' frequently asked questions and provide answers from
qualified immigration attorneys and advocates lobbying for their
U. S. Immigration cause.
Q: I'm
kind of going nuts trying to figure out how my British-born girlfriend
can come live with me.
This girl works in my company's Cayman offices. Over the span
of 15 months and many visits, we fell in love.
She was trying to get the company to transfer her here, but that
didn't work out.
Recently she quit her job and plans on coming here to be with
me. I know that as a British citizen she can come here for 90
days, but I'd like her to stay here longer.
I'm a U.S. citizen. Does true love get the shaft in this society
or is there another way to legally keep her with me?
I plan to marry her someday but I do not want to be forced into
that just to keep her by my side.
A: Irwine Clare, head of the Caribbean
Immigrant Services, says marriage may be the easiest way for your
girlfriend to get long-term legal status.
Other than marriage and sponsorship from a company, your girlfriend's
choices are limited.
If she'd like to study, she may qualify for F-1 International
Student status.
When she visits, she can check out some of our excellent colleges
and universities, including the City University of New York, CUNY.
If she has a college degree or the equivalent, she may find an
employer to sponsor her for H-1B temporary professional worker
status.
Q: Can
my friend from the Caribbean change her status from visitor to
F-1 student?
My friend came here without a visa under the visa waiver program
then overstayed. She wants to go to graduate school here.
The INS says she must go home if she wants to get F-1 student
status. Can she change her status without leaving the United States?
If she goes home to the islands to get a visa, will she be able
to return?
A: Attorney Emmanuel Roy says the information
the INS gave your friend is correct.
To get into F-1 international student status, she must return
home to get an F-1 visa. You said she came here under the visa
waiver program.
That program allows people from certain countries to visit the
United States without first getting a visa. Visa waiver visitors
are allowed in for 90 days, but MAY NOT change to another nonimmigrant
status.
To get another nonimmigrant status, a visa waiver program visitor
must apply for a visa at a U.S. consulate abroad.
Whether your friend will be successful in getting an F-1 visa
depends on why she overstayed and for how long.
When she applies for the visa, she must convince a U.S. consular
officer that she will return after her studies are completed and
that she won't violate the conditions of her F-1 stay. If she
overstayed just a few weeks, she may very well get the student
visa. She should speak to an immigration lawyer immediately
About the writer: Felicia Persaud is a New York-based journalist
and head of Hard Beat Communications. If you or someone you know
has an immigration question, then email Felicia directly at hardbeatinc@aol.com.
Individuals can keep their anonymity if preferred, since questions
will not be answered personally!