签证到期如何opt(Extending Your Stay Opting to Remain in the US After Visa Expiration)

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签证到期如何opt (Extending Your Stay Opting to Remain in the US After Visa Expiration)

For many people, coming to the United States on a visa is a dream come true. However, visas are not permanent, and they come with expiration dates. For those who want to stay in the US after their visa has expired, there are a few options available. One of the most popular options is to apply for OPT (Optional Practical Training).

OPT is a program that allows international students to stay in the US and work in their field of study for up to 12 months after graduation. However, if the student has a degree in a STEM field (science, technology, engineering, or mathematics), they may be eligible for an additional 24 months of OPT. This extension is called the STEM OPT extension.

In order to apply for OPT, students must first receive a recommendation from their Designated School Official (DSO). The DSO will guide the student through the OPT application process and provide them with the necessary information and documents. The application must be submitted to USCIS (US Citizenship and Immigration Services).

It’s important to note that students must apply for OPT before their visa expires. If their visa expires before they submit their OPT application, they will no longer be eligible for the program.

Another option for those who want to stay in the US after their visa expires is to apply for a change of status. This means that they would apply to change their current visa type to a different one that allows them to stay in the US. For example, if a student is in the US on a tourist visa and wants to stay longer, they could apply for a student visa.

To apply for a change of status, the applicant must submit Form I-539 to USCIS. The form must be filed before the current status expires. It’s important to note that there is no guarantee that USCIS will approve the change of status, and the process can take several months.

If the applicant has a valid reason for staying in the US after their visa expires, they may be able to apply for a waiver of the 3- or 10-year bar. The 3- or 10-year bar is a consequence of overstaying a visa in the US. If an individual overstays their visa for more than 180 days but less than one year, they are barred from re-entering the US for three years. If they overstay for more than one year, they are barred from re-entering the US for 10 years.

To apply for a waiver, the applicant must prove that their being barred from re-entering the US would cause extreme hardship to a qualifying relative, such as a spouse or child. The applicant must submit Form I-601 to USCIS with evidence supporting their case.

In conclusion, there are several options available for individuals who want to stay in the US after their visa expires. Applying for OPT, a change of status, or a waiver of the 3- or 10-year bar may allow them to extend their stay in the US. However, it’s important to remember that the application process can be lengthy and there is no guarantee of approval.