My neice was enrolled in private school and DSO issued her I 20 and enrolled her and after that we filed for her change of status and uscis sent me a notice of denial bur they asked us if we wanna appeal of motion and file a form I 290 for motion bur I don't think so is appropriate bur she is a great student & won so much award from regional level and state level and does 4.0 GPA in grade 11. Now uscis is not approvin her status cause they say it's a violation and I don't wanna her to spoil her study please we are so confuse what to do !! If her private school told us to wait till uscis decision then we could have waited bur we never knew about it. Please advise.
You should consult an immigration attorney. I am moving your question to that area for guidance.
This response is for general informational purposes and not intended to be taken as legal advice nor does it establish an attorney-client relationship. See further disclaimers on the site. You should always seek competent professional advice in the legal area and jurisdiction.
It is very unfortunate that the DSO did not provide more guidance. Your niece should consult with an immigration attorney as soon as possible to try to resolve this. It is important for her to avoid or minimize "unlawful presence" and she will likely need a 212(d)(3) waiver. Failure to correct the situation can result in her being permanently barred from obtaining lawful immigration status in the United States.
This general information does not establish any attorney-client relationship. There may well be factors not mentioned in the question which could and should be addressed in an attorney consultation.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline