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  1. #1
    Join Date
    Jan 2008
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    2

    Question Does Student Who Overstayed His Visa Qualify To Apply For Temporary Residency

    My friend came to the US legally, on a student visa, before 1982 and overstayed. His application for the 1986 legalization program was returned by the INS because it was postmarked a day late by the postal service.

    Does he qualify to apply for "Application for Status as a Temporary Resident under Section 245A if the Immigration and Nationality Act"?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,304

    Default Re: Does Student Who Overstayed His Visa Qualify To Apply For Temporary Residency

    He is eligible to apply provided he meets certain conditions as detailed in the instructions for I-687.

    Instructions, form and filing fee are here.

  3. #3
    Join Date
    Jan 2008
    Posts
    2

    Default Re: Does Student Who Overstayed His Visa Qualify To Apply For Temporary Residency

    Thank you, LawResearcherMissy.

    Do you, or anyone on this board, know how long it takes USCIS to process the I-687? And would he be issued a temporary work permit while the app. is processed, or would he have to apply for one along with the I-687?

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