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El Samuel

I-539 denied after I left USA, can I still come back?

By El Samuel in Student & Exchange Visitor Visas

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El Samuel Newbie

El Samuel   0

Posted
Filed: Timeline
Posted

Hey folks,

I was a J1-Student, applied with I-539 for a change of status within my legal period, went on a raodtrip, flew back to Germany while my application was still pending, then it was denied due to me being stupid and not reacting on their request for mor evidence of financial funds... But I was not illegal during my stay! So far so good but my question is:

Can I still enter the USA even though my application was denied?

Will there be any consequences I gave to face?

Thank you for future answers!

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Enter in what status?

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Since you departed when you were in status then you shouldn't have a problem entering on a B-2 in the future, or at least not from the denied I-539.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Harsh_77 Mentor

Harsh_77   716

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

You can enter but you will still need to apply for some visa, if you have already have B1/2 you might be able to use it but again it will be upto officer on POE to make the call if he is going to admit you in the country or not.

He would be able to see your request was denied and it would be obvious to him once he admits you in the country you will be try to change your status again.

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jan22 Experienced

jan22   2,898

Posted
Filed: Timeline
Posted

Ok but at least there is no general barrier for me... I could travel with the Visa-Waiver-Program, so no Visa needed I guess wink.png

Assuming your ESTA is approved, yes, you will be able to get on a plane to the US -- but, the final decision about entering is always made by the immigration official at the Port of Entry. He/She will have information about your attempt to adjust status (adjust to what status, you don't say -- might help get you the best answers), You say it was a "once in a lifetime experience" to travel after finishing your studies (i.e., once in a lifetime opportunity to travel within the US) -- but, obviously, it wasn't, since you now are looking at the opportunity to travel to the US again. All of that will be looked at by the officer before granting your entry to the US, IMO.

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jan22 Experienced

jan22   2,898

Posted
Filed: Timeline
Posted

And, BTW, not quite sure about your timing based on the way you phrased your post -- if you stayed beyond the time permitted by your legal entry (30 days after the end of your J program) and your change/extension of status was denied (even if it was denied after you left the US), you might have a record of unlawful presence in the US because of the denial. For example, you finished the J program on May 31st. -- you had until June 30th to leave the US. Sometime prior to June 30th, you filed for the change, stayed in the US until September, and the denial was issued in October. You had unlawful presence from June 30th until your departure date. If, however, you left prior to June 3oth (in my fake scenario), you're okay. Make sense?

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Boiler Grand Master

Boiler   43,434

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Unlawful presence = no VWP.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  • 6 years later...
TBoneTX Grand Master

TBoneTX   43,058

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread from 2013 is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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