Alright I am in the US, but out of status, say I got accepted in a university in a different country and want to apply for student visa in that country do I have to leave the US to apply? or Can I just directly apply? I was a H4 so, I don't know I am a bit confused here. Any help would be much appreciated.

Devil

You don't have to exit US for student visa. You can apply at their US consulate either by mail or in person. They might ask you about your status in US as you are applying form US,  get some expert advice how to defend yourself ; as you can not present yourself as an illegal, they will refuse your student visa. Be advised that once you leave US, you won't be able to return back to US irrespective of your future status in any other country.

I hope these information help you.

 

What do you mean defend myself? What exactly do you mean by that? Because we have only been out of status for about 7 weeks so I donno I am just freaking confused here. I really don't have an interest in coming back to the US anytime soon considering I will be going to college in another country for 4 years so, what exactly are me scenarios here?

 

Devil

Out of status for even one day will make whole lot of difference. If you want to get visa for any developed country, you need to justify your over stay in US, most of the countries are reluctant to issue visa to illegal, that's why you need to get expert opinion to defend yourself. Getting back to US again will be almost impossible in your life time.

I hope it will resolve your confusion.

No actually the lawyer we talked to told me my family has 6 months to get out or we will be banned for 3 years. I do have a valid argument however which is I am a depended of H1B which means I had no choice but to stay here. I am pretty sure that is a valid argument but talked to a friend new NZ he told me immigration system is insanely liberal in NZ therefore all I have to do is come here on student visa and he will take care of the rest which sounds good to me. Anyway thanks for the help.

 

Devil :D

I mean go there in tourist* visa...

my bad

peace

Ars is wrong about you will not be able to enter usa in life time.  it depends upon how long you overstayed here.  i thought you will get at least 10 days to leave country after your spouse is fired from job, meaning his/her h1b is no longer valid.  yes you have valid reason because people do need time to manage and leave country.  but you need to start soon.  students get 2 months of grace period after OPT expires, which is basically time for them to pack bags and move, which is i guess reasonable time.  but this h1b is bit tough on that issue i guess. 

Yeah I figured, its my dad actually so I do have a valid reason, which is I had to consult my family before deciding to leave. I hope they hear me out on this one. Planning to more to NZ and their immigration laws are insanely liberal compared to the US. Wish me luck and thanks AAAA and Ars.

 

Devil

Yes, I need to correct my statement, if you are still in grace period then you won't be considered out of status and you always have reason to explaing why did it happen. But always think US has very strict immigration law and they usually don't consider all that they write or say! Make you decision wisely, I wish you best of luck.