Urgent Help Student Visa

[moraglory]

Hi Everyone.
My sister came to USA to visit me in August 2006 She was on a B1/B2 visa. Her visa was valid for 6 months. We decided to adjust her status I435 She wanted to study here so an ESL school helped us to make the changes to a F1 visa. While she was waiting for the answer her visa expired but the school told us that she will be fine because she was waiting the answer. In April 2007 she left due to a personal reason she needed to go to our country Ecuador,she left without getting an answer . after a while (1 year) she decided to come back and reapply in the Embassy but she was denied the student visa. Now she wants to apply again for a student visa for summer 2011. Do you think they will deny the visa again? What can she do? Is there any ban for her?

Thanks
If anybody can share similar experiences or any information you have

 

[namecheckvictim]

She left the country without getting an answer from USCIS and triggered the 10 year ban to receive any visa for US because of the overstay.

 

[BigJoe5]

During the pendency of a properly filed application for change of status, you are in a "period of authorized stay" and DO NOT build up unlawful presence towards a bar to re-entry.

INA 212 (a)

(B) Aliens unlawfully present

(ii) Construction of unlawful presence

For purposes of this paragraph, an alien is deemed to be
unlawfully present in the United States if the alien is
present in the United States after the expiration of the
period of stay authorized by the Attorney General or is
present in the United States without being admitted or
paroled.

(iii) Exceptions
(iv) Tolling for good cause

In the case of an alien who--
(I) has been lawfully admitted or paroled into the
United States,
(II) has filed a nonfrivolous application for a
change or extension of status before the date of
expiration of the period of stay authorized by the
Attorney General, and
(III) has not been employed without authorization in
the United States before or during the pendency of such
application,

 

[namecheckvictim]

During the pendency of a properly filed application for change of status, you are in a "period of authorized stay" and DO NOT build up unlawful presence towards a bar to re-entry.

INA 212 (a)

(B) Aliens unlawfully present

(ii) Construction of unlawful presence

For purposes of this paragraph, an alien is deemed to be
unlawfully present in the United States if the alien is
present in the United States after the expiration of the
period of stay authorized by the Attorney General or is
present in the United States without being admitted or
paroled.

(iii) Exceptions
(iv) Tolling for good cause

In the case of an alien who--
(I) has been lawfully admitted or paroled into the
United States,
(II) has filed a nonfrivolous application for a
change or extension of status before the date of
expiration of the period of stay authorized by the
Attorney General, and
(III) has not been employed without authorization in
the United States before or during the pendency of such
application,

Hey BigJoe,

Isn't the OP's application is considered abandoned specially the OP left the country before a decision was rendered.

 

[BigJoe5]

Hey BigJoe,

Isn't the OP's application is considered abandoned specially the OP left the country before a decision was rendered.

USCIS processing delays don't change the law. An extension/change of status application will simply be denied as moot when the alien departs. This would have been an I-539. In the case of an I-129, an extension or change would be denied but the classification could be approved in which case a nonimmigrant visa could still be obtained abroad for a worker visa like an H or L etc.. A student has to start from scratch at the consulate.