H4 expired, Stuck in Nursing program

suzanne4, RN · Sep 24, 2008

You are unable to adjust your status if it is expired. What does your I-94 actually state? And since you renewed your passport last year, what about the new one having a visa in it for you to be in the US? How did you renew your passport here if the visa was not current in it? Your country should have been checking that out as well. Not sure why you did not take care of things at the time. unfortunately, nothing is in your favor right now. I cannot sugar coat it and tell you that everything is going to be okay. It just is not. You already have overstayed a visa by more than two years, that does not sit well with the officials here. And if you were on the H-4, where is the rest of your family?

You need to be aware of the fact that there are no visas available right now for you to even adjust to when you have completed your training next year. The two year degree also does not qualify for anything else other than the green card as well. And we are not expecting those to open up for years.

Without a current visa that permits you to remain in the US, you are also subject to being deported ay any time if stopped for a traffic issue or for any other reason.

TonySTN · Sep 24, 2008

Thanks suzzane, i was really hoping you would reply on this one.

I understand, it was a huge misconception and miscommunication with my dad. He never wanted to talk about this with us (his kids).. now im literally stuck in between because he didn't took care of it in the first place. I was under impression that he got it controlled, if i know this would happen i wouldve switched to f1 asap. My family are doing alright because it was my dad who was the h1 and we were dependent on him but, now my mom switch to h1 and my dad's papers is on process. They'll be fine because they are both professional workers and ive seen many employers want to petition them or help them but since im already 21yrs old. with an expired visa for a while (which does not look appealing at all) Im just stuck. Thanks again suzz.

suzanne4, RN · Sep 24, 2008

There is a retrogression in place right now, so they cannot be petitioned for the green card either. Only for the I-140 at this time, but that still does not help you at all.

You need to contact an immigration attorney as soon as you can and see what they can do for you, but since you turned 21 back last winter, not sure what they will be able to do for you right now. There is a very good chance that they will not be able to do anything, and you need to be aware of that.

Also that if you do not get the F-1 visa, and therefore do not qualify for the one year OPT, there is also no way that you will be able to remain here and work when you are done with your training.

Be very careful right now with whatever you do, you can easily be deported for anything if you are stopped while driving or even on a bus or in a taxi, or with friends that get pulled over. We are seeing people that were here legally now getting deported because something expired and it was never taken care of, even with green cards.

Best of luck to you.