Status change from B-2 to F-1 denied. Help needed urgently.

f1visaseeker

Registered Users (C)
Hi everybody,

I came to the U.S. on a B-2 (tourist) visa and then was admitted to graduate study at a very prestigious school in the U.S. I then applied for status change (to F-1) but my application was denied because of a large gap between expiration of my previous status (in April) and the starting date of my I-20 (in August, i.e. 1 month before beginning of my studies in September.) That was the official reason for denial stated in the letter from USCIS. I didn't apply for extension of my previous tourist status because I just thought it was not necessary once I applied for student status. It was my mistake but now it's seems to be too late: my previous status already expired while I was waiting for the approval of my status change. My B-2 visa has expired too (this is my second visit to the U.S.), so I cannot reenter with the same visa. Now I have a temporary problem with going to my home country and am trying to find a way to adjust my status here in the U.S., i.e. without leaving the U.S. I don't have an immigration intent, particularly because my work (very artistic one) requires a lot of traveling around the world in the nearest future (so being an illegal immigrant is simply not reasonable for me at all.) I also plan to go to my home country (Russia, where my whole family is) but not this time.

Can anybody suggest to me what to do? Once I received denial after expiration of my B-2 status, this means I'm currently overstayed (almost 2 months.) Does it affect my F-1 visa approval if I still go to my home country and apply for visa there in the U.S. consulate? Or is there any ways to adjust my status here in the U.S. without going to my country? It would be great. I was told that going to Canada for applying for new visa with a current visa expired is extremely risky. If my application is rejected there, I won't be able to enter back the U.S. and will have to go to my home country directly from Canada. Theoretically, I can also submit a Motion of Reconsider of my case, but I was also told that it is very unlikely they review the decision once I have already overstayed. I will just lose the application fee.

I got a very good scholarship from the school. I also can use a student loan and work-study in the school to cover my living expenses during my studies. But without a student F-1 status I won't be eligible for this financial assistance and work opportunity.

Please help me to find the right solution if you have some info at this point.

Many thanks!
 
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Because you are currently out of status (B2), you can't adjust (AOS). You must leave the US in order to get a F1 visa from an embassy overseas, including Canada. It's hard to say whether you will be successful in obtaining the F1 visa, but you need to have good answers of why you overstayed your B2 visa for 2 months for sure.
 
Thanks so much for the response! I wonder how risky might be going now to Canada for getting a F1 visa? If I'm out of status and my previous visa (B2) expired, the embassy in Canada can refuse and I won't be able to enter back to the U.S. Do you think it's really so risky?
 
Yes, there is risk involved. USCIS takes away your ability to AOS so that you are forced to leave the USA, and be evaluated again on foreign soil and be questioned why you overstayed your previous visa. If they find that you are ineligible for a F1 visa, B2 visa, or any visa at all, you are stuck overseas.

This is true for Canada, UK, Thailand . . . etc etc. On the other hand, being out of status in the US might have worse consequences (3 year and 10 year ban). Plus you will not be allowed to attend the program.
 
Thank you so much!

Any advices regarding how to do the best in order to get a F-1 visa if I still go to my country and have the interview in a U.S. consulate? I mean, I must prove that I overstayed in the U.S. because of serious reasons. Actually, I was waiting for status change during all that time and now it is not easy to arrange a trip to my country very quickly. It takes time. This is true. But is this a strong argument? Can it work out?..

I really appreciate your help.
 
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What country is this that it takes time? I am pretty confident, one can get to any country from the US within 48 hours.
Regardless, whether the US consulate agrees with your justification or not, there is only one way to find out. Good luck!!!

now it is not easy to arrange a trip to my country very quickly. It takes time. This is true. But is this a strong argument? Can it work out?
 
What country is this that it takes time? I am pretty confident, one can get to any country from the US within 48 hours.

Well, I mean I need to buy tickets in advance, otherwise it's simply not affordable for me. The thing is that my school provides me with financial aid which covers my tuition and living expenses. (And I can prove this financial garantee when I apply for visa.) But travel expenses must go from my own pocket. :rolleyes:
 
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