By Debbie McGoldrick

“I am planning on attending college and have already been accepted into a local one in the city where I live, even though I am undocumented. (I should have departed last February.) I have heard that I can get a student visa as I will be studying practically full-time. Is this true, and if so, how do I do so? I am a hard worker and have always maintained excellent grades in Ireland.”

Student visas are definitely available for non-citizens who are accepted for a course of study at a U.S. institution. The visas, in the F and J categories, allow for legal residence here, the ability to freely travel abroad, and in certain circumstances, employment.

You’ve got one huge problem, though. You would have to return to Ireland to collect your student visa, and because you’ve clocked up a year of undocumented residence here, you would be subject to a 10-year ban on returning to the U.S.

There really is no way around this, as your status prevents you from being processed for a visa within the U.S. Pursuing the visa, therefore, is not a wise course of action given the extreme likelihood that you’ll be subject to the ban. And you can be certain that these bans are being enforced; “Green Card” has had a few calls from those stranded back in Ireland or elsewhere; so have other attorneys and immigration workers we speak to.