F-1 visa Status

[Adelodun 0]

Hello everyone, I just heard about this site and I have a question bothering me:

 

I came in from Nigeria earlier this year and I got an admission into a school for fall semester and until now I'm yet to hear anything about my case from the USCIS with the fall semester being over. 

What would you advise I do?

[SusieQQQ 11,586]

Can you be more clear about what you mean that you "came in" earlier this year but you are still waiting to hear  from USCIS - did you come in on a B visa and apply to change status to an F visa?

[arken 4,197]

What case?

[kris&me 572]

it says F1 visa 

that is to study

what are you waiting for?

do you have F1 visa stamp?

[Adelodun 0]

19 minutes ago, SusieQQQ said:

Can you be more clear about what you mean that you "came in" earlier this year but you are still waiting to hear  from USCIS - did you come in on a B visa and apply to change status to an F visa?

Oh my bad. I came in on a B2 visa in February but I'm trying to change to an F1 visa 

[Adelodun 0]

17 minutes ago, kris&me said:

it says F1 visa 

that is to study

what are you waiting for?

do you have F1 visa stamp?

No stamp yet. I'm waiting for my I-20 To be approved by USCIS

[Adelodun 0]

24 minutes ago, arken said:

What case?

Change of status. From b2 to F1

[arken 4,197]

If your change of status was based on Fall enrollment and your prospective school did not inform USCIS for deferred enrollment, you will get a denial letter since the school has already started when they review your file. When did you file for COS?

Edited December 6, 2019 by arken

[SusieQQQ 11,586]

6 minutes ago, arken said:

If your change of status was based on Fall enrollment and your prospective school did not inform USCIS for deferred enrollment, you will get a denial letter since the school has already started when they review your file. When did you file for COS?

This is correct, plus a denial will put you retroactively in overstay as your B visa would have expired latest August, with some consequences for you.  Please read the paragraphs starting with "What if I file for change of status on time but USCIS does not make a decision before my I-94 expires?" on page 4 of this guide https://www.uscis.gov/sites/default/files/USCIS/Resources/C2en.pdf 

 

I am not sure how much information you sought before making the application, but change of status to F1 is often a tricky business because of long and unpredictable processing times by USCIS, combined with the specific timing requirements of being in valid F1 status.

 

Out of interest, what have you been doing in the US since February?

 

Edited December 6, 2019 by SusieQQQ

[carmel34 3,639]

1 hour ago, Adelodun said:

Oh my bad. I came in on a B2 visa in February but I'm trying to change to an F1 visa

You're out of status and at risk for deportation.  Your best course of action is to leave the US immediately to avoid an even longer bar on re-entering the US even with a valid visa whether an F-1 if you eventually get one, or a B-2 or any other visa.  You are piling up overstay days since your I-94 expired.   You can't get an F-1 now because your legal period of stay ended with the I-94 date.  My advice is to go home and re-apply for an F-1.  Be ready to deal with the consequences of overstaying.  Good luck!

[SusieQQQ 11,586]

4 minutes ago, carmel34 said:

You're out of status and at risk for deportation.  Your best course of action is to leave the US immediately to avoid an even longer bar on re-entering the US even with a valid visa whether an F-1 if you eventually get one, or a B-2 or any other visa.  You are piling up overstay days since your I-94 expired.   You can't get an F-1 now because your legal period of stay ended with the I-94 date.  My advice is to go home and re-apply for an F-1.  Be ready to deal with the consequences of overstaying.  Good luck!

Well, assuming he applied before his i94 was up he theoretically could be ok, but the timing means he is almost certain to be denied. He does not accrue unlawful presence (unless he stays past a notice of denial) so no bar, but he is in overstay, as described in the uscis guide I referenced above. And chances of a new visa are probably slim; his existing one will get cancelled on a denial on the change of status.

Edited December 6, 2019 by SusieQQQ

[Adelodun 0]

3 hours ago, arken said:

If your change of status was based on Fall enrollment and your prospective school did not inform USCIS for deferred enrollment, you will get a denial letter since the school has already started when they review your file. When did you file for COS?

I filed in August 

[arken 4,197]

23 minutes ago, Adelodun said:

I filed in August 

Oh boy, you filed in August for a Fall Semester class. Expect denial of your case, which means you have to leave soon after you get the denial letter.

[SusieQQQ 11,586]

4 hours ago, Adelodun said:

I filed in August 

Before your i94 expiry?

i agree with above though, the timing of everything points to a denial.

honestly, in your case, I think the best thing you can do is leave the US, and make sure to withdraw the i539 application - this may prevent a denial going on your record. However, you will still have the overstay on your record which could make further visits tricky.

 

i hope you have not been violating your visa terms by working illegally, which would further complicate matters.

[geowrian 22,337]

I concur with the above - the timings pretty much ensured that a decision would not be made in time. Either way, it will be denied as it is no longer applicable. Best thing is to leave before it is denied or else you are risking the visa itself automatically being cancelled (although actually using it again after such a long stay and attempted COS is already very questionable).