To get my visa as an undocumented person would I need to return to my home country or could I get it in the U.S?

UPDATED: Sep 30, 2022

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To get my visa as an undocumented person would I need to return to my home country or could I get it in the U.S?

I want to get my visa so I can study abroad.

Asked on July 18, 2016 under Immigration Law, Louisiana


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are undocumented in the US and have been so for more than 6 months, as soon as you depart the US you will trigger a 3 year bar to reentry; if undocumented for more than 1 year, you will be barred from reentry for 10 years.  There is not way to get a visa within the US.  If you entered the US lawfully but overstayed, you can adjust status within the US only through a bona fide marriage to a US citizen.

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