Visa immigration question

UPDATED: Oct 1, 2022

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Visa immigration question

My niece came to visit from Greecee and now she wants to stay and enroll in college. However, her visa was for 3 months. Is she allowed to stay over 3 months Can her visa be extended? Can she still enroll in college?

Asked on September 25, 2017 under Immigration Law, New York


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If she is able to get into a college program and through the paperwork issued by the college apply for a change of status to student visa, then she can remain in the US.  If she is entering from Greece, I suspect she is in the US on a visa waiver and in that case, she would have to go back outside the US to reapply for the student visa once accepted into a program.  If she, indeed, has a visitor's visa actually stamped in her passport, then a change of status petition is possible.

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