The decision of immigrant status

Asked over 1 year ago - 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. Carl Michael Shusterman

    Pro

    Contributor Level 20

    18

    Lawyers agree

    1

    Answered . 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... more
  2. Geoffrey Alan Hoffman

    Contributor Level 16

    8

    Lawyers agree

    Answered . 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... more
  3. Stephen D. Berman

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  4. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  5. Samuel Patrick Ouya Maina

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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,... more

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