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COS from B to F1 denied

Discussion in 'B Conversion to Other Status or Conversion from ot' started by Shibi, Apr 2, 2017.

  1. Shibi

    Shibi New Member

    Hello, I am an Indian citizen (16 years old) and I enetered the US on a B1/B2 visa. However, because I liked the culture and environment I changed my mind and filed for a Change of Status to an F1 visa. My permitted stay was for 6 months, but I had overstayed as I was awaiting a decision from the USCIS. Unfortunately, my application was denied, and i voluntarily decided to leave the US immediately. Now I am reapplying for an F1 visa from India. My questions are,
    1) As I am a minor, will the overstaying consequences affect me?
    2) Is it possible for me to reapply from my home country even after a denial?
    3) If approved, do they grant a visa for only 2 years till i graduate high school?
    4) Having shown all the correct documents and truthfully answering the questions during the interview, can they still deny a visa looking at the previous overstay?
  2. 1AurCitizen

    1AurCitizen Registered Users (C)

    There's no law barring you from applying. You have not accrued any unlawful presence bar, but the CO determines if you're eligible. Odds are against you, and overstaying the B2 may prove to be a hurdle. But there's only one way to find out.
  3. Shibi

    Shibi New Member

    But are there still chances of the approval of my F1 visa? Or is there a straight away denial after looking at my overstay? I'm really passionate about pursuing my studies in the US because my COS was denied due to poor legal advice from an immigration lawyer. Will they reconsider my condition as a minor?
  4. Pierre82

    Pierre82 Well-Known Member

    Hi Shibi,

    This process always has a level of risk and there is no guarantee that a visa will be approved. Just make sure to be honest and be prepared with all necessary documentation.

    Best of luck on your application.
  5. 1AurCitizen

    1AurCitizen Registered Users (C)

    Some would offer chances of an approval, others might say a denial likely. You have to convince the CO of your passion; there's always be a level of risk involved.
    What were you doing with an immigration lawyer while on a tourist visa in the first place? Not all immigration lawyers tell it like it is, some shady ones out there.

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