Student Visa for someone already in school?

[bliledan]

Hi, my girlfriend is currently a student at a university and has an expired non-immigrant visa (which I believe is for a pleasure visitor). She's been here since 2001, overstayed when her visa expired in 2002, enrolled during that time (don't know if it was specifically before or after the date of expiration) for school, and is now currently in her last year before she obtains her B.S. in Winter 2005. She definitely wants to stay here so I am wondering what her chances are to extend her stay here under a new F-1 visa?

I just read the USCIS website and it said that students applying for an F-1 visa may not begin studies until after the application is approved. Does that mean she has no hope? Is there any chance that she can extend her stay here so that she is no longer in violation of immigration law? Ultimately, she wants to stay here and become a citizen, which I know poses a problem because it's the policy of the state that those with temporary visas should not be looking into becoming immigrants. Does this factor in the equation of her getting her F-1? Do her circumstances as a whole affect her goal of becoming a citizen? Thanks for the help!

Edit:

Wow, I just read the B conversion threads and it looks like this isn't a very good proposition

 

[folu]

So exactly what status is she in now? Does she have an I-20? Or how else did she get to study.

 

[LucyMO]

she studied without a status, I am sure.

Here it is: she cannot changer her status to F-1 because she doesn't have a status - she is here illegally.

Her only option is not to raise a red flag with BCIS, find herself a U.S. citizen husband if she plans to immigrate and marry him.

As for "Do her circumstances as a whole affect her goal of becoming a citizen?" Duh... SHe first has to become a lawful permanent resident, be such for 3-5 years, and then apply for citizenship. So, it's too early to think of citizenship. But she needs to start thinking of legalizing her status, and in her case, her illegal presense will only be forgiven in a case of marrying a USC.

 

[xalidag]

bliledan, you have to clarify a couple of things. First, on what status did she enter the country? I actually think she entered with an F-1 visa, no? I don't think any university will allow foreigners without F-1 or other applicable legal status to enroll the school. It may happen at some desperate language schools, but not at a university.

And if she's been always enrolled as a fulltime student other than summer vacations, in other words if she's maintained her I-20 all the time, she hasn't violated the immigration law. An F-1 visa CAN expire; that has nothing to do with her legal status. What she should work on now is to get OPT EAD and, later, H-1B status. Of course, this paragraph is applicable only if what I assumed in the first paragraph is right.