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  1. #1
    Join Date
    Oct 2010
    Posts
    1

    Question Obtaining Legal Status for an Adult Child of a Parent with an O-1 Visa

    I'm not sure which category this belongs to, so I guess I'll post it here.

    The situation is thus:

    A person with an O-1 visa legally entered the United States with their dependent, unmarried child of an age under 21. At this point, the child qualifies for an O-3 visa. However, the O-3 visa is not applied for, for such a time that the child is now over 21 years of age, and, as I understand it, no longer qualifies.

    My question is this:
    Does the now-adult child qualify for any other type of legal status that allows them to reside and study in the United States?

    In addition, if they do not qualify for any, is this considered an overstay, and if so, when would the overstay period have started?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Obtaining Legal Status for an Adult Child of a Parent with an O-1 Visa

    You haven't given us any information that would suggest a way for the adult child to remain in the U.S. or to avoid the consequences of three+ years of unlawful presence. Tell the person to consult an immigration lawyer.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Obtaining Legal Status for an Adult Child of a Parent with an O-1 Visa

    With an originally lawful entry and the facts you've provided, the only possibility that springs to mind would be adjustment of status through marriage to a U.S. citizen; but you've given us no reason at this point to believe that's a possibility.

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