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If I travel to my home country to apply for a F1-visa and it is denied, can the embassy take away my current J1-visa ?

Lake Worth, FL |

I am currently an AuPair in the United States and on a J1-visa. I am planning to attend school in fall of 2013.
I am going back to my home country July 12th and my appointment at the embassy is on July 17th to apply for the F1. Now my J1-visa expires on August 14th. If the F1-visa gets denied can the officer at the embassy take away my current J1-visa since it is so close to the expiration date ?
And if they are not able to take away my J1 but the F1 is still denied, can I file for a change of status that will allow me to attend school when I get back to the states ? Or will it be harder for me to file for a change of status since the F1 was denied ?

Attorney Answers 3


  1. Yes your US consulate could very well cancel your soon to expire J-1 visa, and yes, that will make it harder for you to get another visa issued to you in the future.

    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.


  2. It is possible, but it depends on the reason for denying your F-1 visa.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. Yes, they can cancel ... but we need more info before we can predict that it will happen, or not.

    There won't be enough time to do a COS from J to F ... they take more than 2.5 months.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- 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.

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