Bronx, NY asked in Immigration Law for New York

Q: denial for i-539 change of status from B2 to F1

I got denial for my i-539 change of status to f1, after waiting for 10 months while the case pending , now my i-94 expired on dec 1.2017.

what is the best option , file for reopen , reconsideration , or leave the country and RE apply from the us consul in my country.

i have a bachelor degree, and got accepted in master degree program.

the denial was for 2 reasons : (1) my i-20 date was January 2nd,2018 and my i-94 expired on dec 1,2017 , more than 30 days gap

(2) not enough evidence for financial support.

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1 Lawyer Answer
Roger Carl Algase
Roger Carl Algase
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: Unfortunately, USCIS is super-strict about filing deadlines in a transfer to F-1 situation. Applying for an F-1 visa at a US consular office outside the US might be the only recourse.

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