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The decision of immigrant status

Chicago, IL |

I came in America with my J 1 student visa and in order to stay legal I've applied for tourist visa in October and i received the response of it : ( we mailed you a denial decision notice for this case I539 APPLICATION TO EXTEND OR CHANGE NON IMMIGRANT STATUS . The notice explains why the denial decision was made and the options that may be available to you . During this step the formal decision ( approved / denied ) is written and the decision notice is mailed and / or emailed to the applicant / petitioner . You can use our current processing time to gauge when you can expect to receive a final decision . ) And my question is what i should do in this situation ? apply again or is there any situation that i can remain legal in America ?

Attorney Answers 5


  1. Depends on the reason for denial. You may need to leave the U.S. to get a new nonimmigrant visa.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. Depends on the reasons for the denial.

    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.


  3. It depends on the reason for the denial.

    (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.


  4. Your question is a bit ambiguous because you first indicate you were on a J-1, however although J-1 may be used for educational exchange the student visa is usually F-1 and perhaps you meant F-1. Considering that you meant J-1, consider that there MAY be a 2-year return to home country requirement in your exchange program. An attorney would have to look at all your paperwork and make that determination as I cannot do so from your limited question. That MAY have been why you were denied. The bottom line is you should seek immediate review by a competent attorney.

    No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney preferably one who is a member of the American Immigration Lawyers Association (AILA).


  5. What was the reason for denial?

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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