My wife has an approved COS from H4 to F1. She is planning to travel to our home country and get her F1 stamped.
1. In case her F1 stamping is rejected can she re-enter US on the previous H4 stamping which is still valid, even after approved COS?
2. In general would a COS void any previously held visa stamping?
3. If she cannot return on previous H4, how much effect of rejection would she have to obtain new H4 stamping?
4. How risky is to get a COS approved to F1 again after re-entering on H4?
1. yes, unless they cancel that visa as part of the F1 visa interview.
2. I do not know what visa stamping is, but if you are referring to the visa foil in her passport, no, not automatically but it is in the Consulate discretion to do that.
3. This is a call for a speculation, I am not ready to heed.
4. See my answer 3. above.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
1 found this helpful
6 lawyers agree
Have you considered retaining one good attorney of your choice to ensure your valuable family immigration issues are properly addressed?
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com
1. If not cancelled, then yes.
2. Not automatically.
3. Depends on the reasons for the denial.
4. Depends on the facts of the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.