Xiaobaotu, can you have input in this case? a bit long story tho

My friend entered U.S. the third time depending on his wife's H1-B visa in 2004. a month After he entered, his wife transfered her H1-B to F1 without knowing that he needed to changed his visa too because he has dependent visa. They found out 4 or 5 months later after his wife changed her visa. at that time, his wife was pregnant already. So they filed an visa change application for him, of course got denied. they hired a lawyer to appeal the case, telling INS that my friend needed to stay in U.S. for his coming baby. He got denied too. but The decision letter didn't mention that my friend needed to get out of the country, just saying that his visa can't be changed. due to the fact that his wife was going to have a baby, he stayed until now.
they are trying to find a way to correct his visa problem, is it possible or he has to go out of U.S. and try to re-enter again? or is he eligible to re-enter? is there any 10 years no entry policy?
Can they appeal in states again?

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• Yes,he has to suffer 10 years bar if he leave the country -xiaobaitu- ♀ (109 bytes) () 10/23/2006 postreply 22:13:06