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What are consequences of denial of change of status from B1/B2 to F1 after expiration of status?

Fort Worth, TX |

I have a multiple entry B1/B2 visa and would like to change status to F1. My authorized stay on i-94 ends on 6/10/2012. If I apply for change of status and do not get a reply by my status expiration date, will I be out of status? If my change of status is denied, does that void my multiple entry B1/B2? If change of status is denied, how long do I have before I am out of status? If I leave the US after applying for change of status, but before receiving decision and before my status expires, will be able to use my B1/B2 visa to enter again?

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Attorney answers 4

Posted

If the change of status is granted you will have a new status: F1. If its denied, you will not lose your B1/B2 unless you fail to depart. You can always enter again with your B1/B2.

Posted

If you apply for a change of status from a B visa to F-1, you can remain in the U.S. while your application is pending past the expiration of your I-94. However, if the application is denied you will have to immediately depart the United States and your B visa will be automatically cancelled. You will need to apply for a new visa in order to return to the United States. Similarly, if you depart while the change of status request is pending, you will abandon the application, though your visa will not be cancelled.

There are complex rules that must be followed when changing status from a visitor (B) to a student, including when you can start attending school. You should consult with an experienced immigration attorney to review your case and facilitate approval of the change of status application.

Asker

Posted

Mr. Gonzalez said I will not lose B1/B2 unless I fail to depart and I can enter again with B1/B2, but Mr. Devore said if application is denied I will have to immediately depart and B visa will be automatically cancelled. I'm guessing Mr. Gonzalez meant if I fail to depart by my status expiration date on I-94, correct?

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

If the application is denied and you are still maintaining lawful B status then you would continue to be lawfully present in the United States. However, in reality, due to the processing time for a change of status application, it is more than likely your application will not be adjudicated until after your I-94 has already expired.

Asker

Posted

Hi Mr Devore, I am currently holding B1/B2 visa, I am going to apply for F-1 in my home country (Vietnam). In case, my F-1 visa is denied, will my B1/B2 visa be cancelled immediately? thank you

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

It would depend upon why your F-1 visa application was denied so it is possible.

Posted

I agree with my colleagues.

Please see

(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.

Posted

If the change of status is denied, you will be out of status as of the date your I-94 expires, and you will accrue unlawful presence from the date of USCIS' decision.

If you leave the US after applying for the change and before the decision, you will abandon the application.

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.

Asker

Posted

when I am out of status, that automatically voids my B1/B2?

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