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Change of status from F1 to F2

Berkeley, CA |

Currently my husband and I are on F1. But I plan to withdraw from school. I submitted an application to change my nonimmagration status from F1 to F2, and received the case receipt notice online. If I withdraw from school, my F1 will be invalid. Is it leagal to stay in the sates during the pending period? I don't have any valid visa but the case receipt notice.

And what if they deny my application... Do I have to leave right after the notification? or there is a grace period?
Thank you!

Attorney Answers 2

Posted

Have no fear. It is indeed legal to remain in the U.S. for up to 180 days while an application for a change of status is pending, or until the decision, whichever comes first.
Should the application to change status result in a denial , then you will be requested to leave the country at once. There is no grace period, unfortunately. The rule of thumb is "reasonable" time. 10 days or so, from the time you receive the denial notice, will be considered reasonable.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

When you file a non-frivilous change of status application you are in a period of stay authorized by the attorney general.

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