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Maria1985

B2 visa pending case

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Let me explain you something, when a non-immigrant apply for anything through immigration we pay money for it, so it´s considered as a service , we give money we receive information for that money. So dear, YES non-immigrants HAVE rights.

And for the future, if you have useful comments you are more than welcome if not please keep it to yourself .

I think you have your definition of "rights" confused with the expectation of receiving a service that you paid for. The two are very very different. You certainly have the right to send an e-mail to the Better Business Bureau complaining about what you consider to be the poor service you received from USCIS and you have the right to ask USCIS for a refund. But you as an alien in our country have no legal rights bestowed on you to receive timely immigration services from our gov't. US citizens do not receive timely service from USCIS for immigration services, not sure why you think you should be any different.

I would like to reinforce what I said earlier about this delay in the process actually working in your favor and allowing you to stay here longer than if your request had been handled in a timely manner. You can choose to see that, or not.

As Canadian Wife asked, have you inquired as to the status of your request to make sure it is still being processed? Five months is a long time not to hear about an extension request, they are usually processed within 90 days. I'd be concerned that your letter from USCIS may have gotten lost in the mail or is sitting in a pile on some officers desk and there is a chance you could already be out of status.

Edited by Teddy B
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Filed: Timeline

As for rights -- the people on this forum who are trying to answer questions and help people have a right not to receive condescending, critical comments supposedly explaining US government issues and basically being told to "shut up" from someone who has come to a public forum seeking answers/advice.

In response to your actual issue, I have a question for you. If you have the I-20 from the school, why wait around a couple weeks until you hear whether the extension is approved or not? As the date is so close, why not leave and apply for the F1 visa and come back? Yes, there's the travel cost, but it can't be that much more than the money you have spent/will spend supporting yourself from your available funds while waiting in the US. If/when the extension is approved, you will still need to file more paperwork to change your status to F1 and that will take time (and, once again, you have no right to a speedy answer)...since you can't start studying until the change is approved, you could be in change of status "limbo" until after the date you were to start school. Plus, if it arrives at the last minute, you might run out of time to even file the change of status paperwork before the extension expires and you no longer have a status to change. Seems like pretty much a "no brainer" to go home, get the F1, and return to start your studies on a timely schedule. Unless there are some issues you have not revealed here?

Edited by jan22
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Filed: K-1 Visa Country: Wales
Timeline

When does the school start is another question.

“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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