Can i join the Air Force with an expired visa?

Unfortunately, the uniformed military services generally will not accept persons who are neither U.S. citizens or lawful permanent residents. In 2008, there was a law known as MAVNI, which allows nonimmigrant visa holders who are in status to enlist if they worked in a health care field or possessed certain language capabilities. As someone who is out of status, you are not able to enlist. Hopefully Congress will pass Comprehensive Immigration Reform or the Dream Act this year, so that you'll be able to realize your dream. Scott D. Pollock Scott D. Pollock & Associates, P.C. 105 W. Madison, Suite 2200 Chicago, IL 60602 (312) 444-1940 fax: (312) 444-1950 e-mail: [email protected] internet: www.lawfirm1.com Please visit our renovated website at www.lawfirm1.com, which allows client access to case status, enhanced information on services, and other convenient features.

The issue here is a common misconception between the visa in your passport and the I-94 card issued to you when you entered the U.S. The visa is simply a document that allows you to present yourself for admission at a port of entry while the I-94 card (issued by Customs and Border Protection) allows you to enter and stay for a period of time. Once the time allotted expires, you are unlawfully present. Minors do not accrue unlawful presence. However, once you turned 18, you began to accrue ULP. Based on your statement that you are 19 years old (more than one year past 18), you have accrued more than one year of ULP. If you are not already a citizen (by operation of law through your parents) then any departure by you will trigger a bar to returning that will last for ten years. There are two ways around this bar; one don't leave and marry a citizen and two if you do leave, you will need a waiver of the bar. Prior to doing anything, hire an attorney to advise you accordingly.