Hello,I'm a Serbian citizen living in US most of my life. My petition for asylum was denied when I was a minor, and am looking to emigrate t...

Question

Hello,

I'm a Serbian citizen living in US most of my life. My petition for asylum was denied when I was a minor, and am looking to emigrate to Canada for college (I have several offers of acceptance from colleges). Can I apply for a student visa from US without having to go to Serbia (I have no ties there, no family). Please advise, thanks.

An aside, my spouse resides in US on work visa.

Answer

Hello - please call me at (212) 968-8600 to discuss. Regards, RDM

Answer

Hello:

How old are you now?

Do you have any criminal history?

Have you ever been a victim of crime?

How old where you when you entered the U.S.?

Regards,

Brian D. Lerner

Attorney at Law

Certified Specialist in Immigration and Nationality Law www.californiaimmigration.us

[email protected]/* */

Offices in Los Angeles, Long Beach and the Philippines

Answer

If you are out of status, then you are not eligible to change status to F-1. Depending on how long you have been out of status, if at all, you could also be denied a visa at the U.S. Consulate.

If you do not have any illegal presence, then you will qualify for the H-4 visa, as it appears that your spouse has an H-1B. If you have illegal presence, then the same problem arises, as with the F-1 visa.