B1 to F1 denied.... Status of Old Visa????

DoctorFromIndia said:
Hello Sir,

I am an unmarried medical graduate from India. My sister is a US citizen; both my parents are Green Card holders since Feb 2010. I have a few issues about my visa status and would like to know the options available for me; I would appreciate if you could give me your advice.

2003 to 2008 – Enrolled in Medical School in India.

16 Jun 2004 – Multiple Entry 10year B visa issued from Mumbai, India.

23 Jul 2004 – Visited US to meet my sister, stamped a B2 visa for 6 months.

17 Aug 2004 – Returned Home to India within a month.

29 Dec 2007 – Left India for UK.

22 Jan 2008 – Visited US from UK to meet my sister, stamped a B2 visa for 6 months.

21 Feb 2008 – Returned to India within a month.

Feb 2008 - Feb 2009 - Completed Internship for a year after medical school, Graduated in May 2009 in India.

23 Feb 2009 – Visited US to meet sister, stamped B2 visa for 6 months. (Gave the USMLE Step 2 exams in June)

21 Aug 2009 – Returned Home to India within 6 months.

Aug 2009 – Sister filed for her Naturalization.

Sept 2009 – I applied for a Medical Residency 2010 in USA.

21 Sept 2009 – Visited US along with Parents, stamped B2 visa 6 months for everyone.

21 Oct 2009 – Sister got US Citizenship.

Nov 2009 – Sister filed petition for parents’ Green Card.

Jan 2010 – Parents I-130 approved.

Feb 2010 - Parents Green card arrived in mail & parents left for India.

20 Mar 2010 – Left for India as unable to get residency for 2010. (Completed USMLE Step 3 in March, Also did a couple of unpaid observer-ships with US doctors)

28 Apr 2010 – Arrived in US, stamped B1 visa for 3 months. (I-94 Exp Jul27)

23 Jun 2010 - Applied for Change of Status I-539 to F1 student at KVCC in Associate Degree program with I20 Start date of 7 Sept 2010. (Financial support was shown by my sister from her account)

23 Jun 2010 – Change of Status application received by USCIS California Center.

Jun 2010 - Receipt of notice arrives in mail.

Jul 2010 – Parents arrive to US.

Sept 2010 – I Apply for Residency 2011.

16 Sept 2010 – Denial of Change of status on USCIS Website

20 Sept 2010 – USCIS Denial letter arrives by USPS Mail. (Reasons for denial unable to maintain valid immigration status till program start date, not established residence abroad or depart from US within definite time frame)

On 29 Sept 2010 – Plans made to leave US for India.




Q1. What is the status of my B Visa; is it still Valid or cancelled because my F1 was denied? VOIDED due to overstay; from dates given no 3/10 ban

Q2. Can I come back in November 2010 if I get residency interviews on my visitor’s visa? Visa should be voided by overstay

Q2. What would be the best option for me to do now? Go home until you can make a lawful entry. "Home" is not where your parents are.

Q3. Is there any way which I could stay in US lawfully as I am expecting to get my Residency interviews soon? Moreover my parents moved to US and we both are the only 2 siblings. NO You are ineligible for a B2 visa as you have - admitted on a public frum - that you have immigrant intent. This is not permitted by the program. The highlighted show you have a very suspicious immigration history and are desperate to remain in the US. A key is applying for a community college when you have a medical degree.

Q4. I need to stay here at least for next 4 months to give interviews is there a way to buy time lawfully either by appealing or applying with another I-20 or filing any other application? You are not qualified for an F1 visa due to your immigrant intent. Remaining another 4 months will get you a ban from future entries. You have been told to leave within a specific period of time; do so.

Q5. If my visa cancelled, what would be the best time and type of visa to apply for or should there be another way out? You are not qualified for either B2 or F1 visa due to your immigrant intent.


Thanks,
Click to expand...

Your family failed to plan for the long term. Your parents should not have immigrated if you were unable to remain alone in India. You now have a problem. Your sister should file a sibling petition while you work in India.

You may get by an interview, but you have admitted on a public forum that any statements you make to a US IO will be a lie since it is your intent to immigrate to the US.
 
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