Legal Loophole Allows Out of Status Students to Get Work Visa

Being a full time international student can be expensive and maintain student status isn’t always easy. Sometimes, through of fault of their own, an international student will fall out of status. Falling out of status can happen for a variety of reasons including but not limited to running out of funds. For example, in one recent case our office encountered an international student who was traveling to Canada in 2002 got stuck there and could not re-enter the USA because our government was having technical problems with the SEVIS student computer system. By the time he was able to re-enter the United States, the semester was already halfway over and the school would not allow him to enroll. Later, he found out that his failure to enroll — which was not his fault — was an immigration status violation making him out of legal status. He did not know what to do until he consulted with The Immigration Professor, Attorney Robert A. Perkins.

As it turns out, the client had several college degrees and with our help his employer was able to sponsor him for an H-1B work visa. The client was able to get approved for this visa in the USA and interviewed at his home embassy to get his visa stamp. Unlawful presence in the USA of more than six (6) months normally bars a client from entering the USA for three (3) years. However, during the interview, our office showed the embassy a legal loophole which says that a student who is admitted to the USA for Duration of Status (“D/S”) does not accumulate any unlawful presence. Based on this loophole the client was able to enter the USA with his new H-1B visa.

There are many more exceptions to the unlawful presence bar. For more information about this or any immigration issue please call, click or visit us. Contact The Immigration Professor at 310-384-0200,

Student Visas


Immigration Attorney Robert A. Perkins, aka Immigration Attorney, has help many clients get Visas receive a higher education here in the United States.