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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109619
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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My daughter is on a student visa in USA but is leaving college

Resolved Question:

My daughter is on a student visa in USA but is leaving college in December. Can I register for an ESTA so that she can stay out there?
Submitted: 3 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 3 years ago.

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Unfortunately, no, not the ESTA. She can register for an ESTA, but she cannot stay. She has to leave the U.S. and come back using the ESTA in order to be on ESTA and that would only give her 90 days and she cannot extend that while in the U.S. nor can she change status to anything else while in the U.S. unless she wins Asylum or similar protection or she marries a U.S. Citizen and that person files for her. The ESTA is one of the easiest visas to get, but one of the worst because of restrictions on it. Better to have her do a change of status from F-1 to B-2 tourist visa. he would have to file an I-539 which can be found here:

http://www.uscis.gov/i-539

She would have to explain the following:

1) How much time she needs.

2) Why she needs so much time.

3) Why she couldn't do what she needed to do during the time she had already had in the U.S..

4) How she would be supporting herself for this additional time since she is not allowed to work.

5) What STRONG ties she has to her home country to ensure that she will go back.

6) What preparations she has made to go back.

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