B2 to F1 visa transfer denied - next steps?

H

hellosujay

New Member
Hi,

My brother is 17 yrs old and he initially came to visit United States and later decided to continue his high school studies here. He got his I-20 from a private school and we applied for his visa transfer from B2 to F1 supplying all necessary documents and proofs. I am his financial support & local guardian; i am 28yrs old and work here on H1-B visa and we both hold Indian citizenship.

My brother was attending school as a visiting (un-registered) student but on Friday (Dec'31th), we came to know online that his visa application has been denied. We dont yet know the reason behind the denial until we receive the letter by post.

The worst part is that his visiting date on B2 was upto the end of Oct'10. Now he is out-of-status. I really want to find a way to keep him here or else his career would be at stake. Any guidance/advice/next step suggestions would be of great help.

Thanks in advance,
Jay
 
I don't know if that's how it works for B-2 visas. But with an F-1 visa, as long as your I-20 is still valid and you're in school, you can remain in the country. When you receive the letter, you can always apply again. I suggest you wait till you receive the letter.

Also, if his visa states Oct 2010, why did you apply for a visa in December?
 
He is illegally present. The school should not have permitted him to attend as he was not legally permitted to do so. Had he taken his I-20 and applied for stamping in your and his home country, there would not likely have been a problem. Entering on B2 and COS to F-1 generally requires the assertion at entry that one was entering to look at schools with the intention of doing a COS at a later date. While the COS may have been denied in this case, it was peoperly denied had he not done so upon entry. Of course, for stamping he would have had to demonstrate ability to financially support the study and other expenses.

"I really want to find a way to keep him here or else his career would be at stake." is an absurd statement. The only way his opportunities in the US would be jeopardized is if he does not stop his illegal activities and exit the US. Since his illegal presence has not yet resulted in a ban, the sooner he complies with US law the more likely it is that he will be permitted to enter as a student. Since he is now an illegal alien, he is subject to detention and deportation; do not allow him to remain in this situation.

As a guest worker n the US, you should not be facilitating illegal acts.
 
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