Will I be able to switch my status to student visa if I overstayed my visitor visa?

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Will I be able to switch my status to student visa if I overstayed my visitor visa?

I came to the US with a visitor visa when I was 14 however I overstayed for 7 years. Now I’m 21 and my parents are permanent residents. Would that make a difference that they have residency? Would I still be able to get a student visa from a school? Can my parents status help me in any way? Is there anyway possible for me to get it without having to leave to my home country?

Asked on May 4, 2012 under Immigration Law, Florida

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

How is it that your parents became permanent residents and you did not?  It's a bit strange.  At any rate, if you are now over the age of 21 and are in the US unlawfully, the ONLY way you can legalize your status, assuming you entered the US lawfully and can prove that lawful entry, is through a valid marriage to a US citizen.  Your parents cannot help your status, you won't get a student visa or a work visa.  Your only option is an immediate relative petition filed by a US citizen spouse.


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