Iam on B2 I applied for I-539 to change from B2 to F1 after 100 days of my arrival to the US. However in the documents which I received from the university to send to USCIS there is a supporting letter from my DSO and she mentioned when I first contacted the University which is 2 months after my arrival. My question is:
If the USCIS knew that I contacted my university 2 months after my arrival will the effect my case in a negative way? Please note that I got my I-20 and applied for I-539 about 100 days after my arrival.
That will depend on the adjudicating officer.
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.
What you're not asking is whether or not immigration will accuse you of having pre-conceived intent to be a student ... even though you used a tourist visa to enter the US.
Someone probably told you about the 30/60/90 day presumption of having misrepresented intent when entering the US in one visa and then 'quickly' changing to a different visa. Right?
So ... here's the bottom line ... did you misrepresent your intentions when you entered the US? In other words,did you plan to be a student ... even though you entered as a tourist?
If so ... go meet in private with a lawyer ... he/she might be able to help you put a positive 'spin' on this misrepresentation of your true intentions.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- firstname.lastname@example.org -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.