My wife is F1 student & she applied for changing status from F1 to F2 in October, since I have F1 visa. AS shown in the USCIS Electronic Immigration System (ELIS), her request is accepted and waiting for some further procedure. The question is 60 days has passed & I'm not sure if it's legally to stay at USA since the request has been submitted.
She still has a valid I-20 & the immigration office at her school suggest to find another program until the request will be approved since she finished her current program.
Well... It is a good quesiton. Let just say that you are authorized to do that. if the COS was filed prior to expiration of the prior status, in the case of F1, including 60 days of grace period. See below.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
As long as the change of status petition was filed while your wife was still in valid status, then she is authorized to remain in the U.S. while that application is pending.
As long as your wife filed the application to change status (COS) from F-1 to F-2 while she still was in valid F-1 status then she is considered to be in a "lawful period authorized by the Attorney General" all the while that COS application will be pending and can legally remain in the USA doing nothing and without necessitating to enroll in yet another program at her school.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
She may remain and is not accruing unlawful presence. If eventually denied she will need to depart. If approved she will continue to be permitted to remain.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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