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When filing an I-539 to change from an F-1 to B-2, can I wait for the decision? What are the repurcussions?

Philadelphia, PA |

I am from Brasil. My current situation:

I am living in Philadelphia with my boyfriend and on a F-1 and I decided to defer enrollment to my college until next semester. Without realizing it, this killed off my F-1 and I was told I need to leave in 9 days from today. (15 days from when they filed my leaving class)

Could I file an I-539 to change my status over to a B-2? I already have a tourist visa for the United States.

Given that I have 9 days, would this allow me to stay over while waiting for their judgement? I've read that if they say no, they will cancel my B-2 visa, is this true?


Also, I would then re-enroll on January 6th which means I could re-enter the country December 6th under my F-1. If I stay in the US under my B-2, could I simply go to Montreal for a weekend and then come back into the states using my F-1 instead of my B-2?

Attorney Answers 3

  1. Once you are out of status you are not eligible to file for a change of status to another classification. The 9 days are just courtesy time to leave the U.S. not status if you stopped going to school.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  2. You should talk to an immigration lawyer about possibly doing a reinstatement of your student visa.

  3. Talk to the school's DSO to see how to get yourself reinstated. Generally if you drop classes for semester, you may still be able to return to student status.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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