I was on H4 visa, got divorced and lost my status. Before i lost my status my U visa application was filed and i have still not received a decision. In the meantime i am planning on going to the school and getting on a F1 visa. Can i submit form I 539 and explain my situation and show that i have maintained status and because USCIS did not revert back with a decision on my application that i lost my H4 status as i got divorced in the meantime. But now would like to be on F1 visa. Do you think i could change my status while in the US?
Typically a non-immigrant must be in status to be granted a change of status. U is a little different and allows for the status to be granted no matter what the underlying status was. A change to an F1 will be difficult, but extraordinary circumstances can be excused in USCIS discretion. It would be best for you to seek a private consultation with an attorney of your choice.
Well.... Good question. U is a valid nonimmigrant status so theoretically you should be able to. It would be grossly unwise to do since there is no benefit you will get on F which you do not already have on U. Plus on U you have a clear path to green card. You do not have it on F.
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