My spouse is a foreign medical student and requested an extension based on 9 FAM 41.1 N 10.4-1 Medical. This allows students to do their clerkship in the US(rotating in hospital without renumerartion). A cover leter was sent explaining the reason for the I-539; a letter from the medical school and the original I-94. The original I-94 was not returned, luckily we made copies.
Yet the USCIS denies the request based on the following.
1. Section 101(a)(15)(B).
2. 8 C.F.R & 103.2(b)(1) evidence and processing: the reason for your request; why your extended stay would be temporary,including what arrangements you have made to depart the US and any effect the extended stay would have on your foreign employment or residency. In this regard, the applicant has not provided a statement or other documentation showing temporary nature of the proposed stay. The records reveal that the applicant has a pending I-130.
3. The final issue to be discussed is the requirement that applicants have sufficient financial resources to support themselves for the proposed period of stay.
My issues with USCIS:
1. It seems the evidence sent to them after the on-line part of the I-539 was completed was not taken into consideration or they never got the evidence.
2. Its decision is based because there is an I-130 pending.(that was indicated when the I-539 was filled on-line).
3. Would someone be in medical school and not have money to support himself/herself?
4. If they got the initial evidence then they got rid of it or lost it.
And to add insult to injury USCIS indicates my spouse has 30 days to leave or be subject to removal proceedings without any recognition to the person's need to complete their clinical rotations.
What are our options? a motion to reopen or re-send the evidence again since they are famous for losing evidence? Is the visa now void?
I also have an N-400 pending awaiting interview letter and interview date. Is it better to complete the clinical rotations while my N-400 is in process? What are the chances USCIS will come after my spouse after the 30 days as stated in the letter(a few days ago)?
Thanks.
Yet the USCIS denies the request based on the following.
1. Section 101(a)(15)(B).
2. 8 C.F.R & 103.2(b)(1) evidence and processing: the reason for your request; why your extended stay would be temporary,including what arrangements you have made to depart the US and any effect the extended stay would have on your foreign employment or residency. In this regard, the applicant has not provided a statement or other documentation showing temporary nature of the proposed stay. The records reveal that the applicant has a pending I-130.
3. The final issue to be discussed is the requirement that applicants have sufficient financial resources to support themselves for the proposed period of stay.
My issues with USCIS:
1. It seems the evidence sent to them after the on-line part of the I-539 was completed was not taken into consideration or they never got the evidence.
2. Its decision is based because there is an I-130 pending.(that was indicated when the I-539 was filled on-line).
3. Would someone be in medical school and not have money to support himself/herself?
4. If they got the initial evidence then they got rid of it or lost it.
And to add insult to injury USCIS indicates my spouse has 30 days to leave or be subject to removal proceedings without any recognition to the person's need to complete their clinical rotations.
What are our options? a motion to reopen or re-send the evidence again since they are famous for losing evidence? Is the visa now void?
I also have an N-400 pending awaiting interview letter and interview date. Is it better to complete the clinical rotations while my N-400 is in process? What are the chances USCIS will come after my spouse after the 30 days as stated in the letter(a few days ago)?
Thanks.
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