Asked in Immigration Law for Texas

Q: This related to I-539 denial for change of F1 to B1/B2 status and its affect B1/B2 visa cancillation

I submitted i-539 with excess fees (mistake) with in F1 60 day grace period; after 15 days, i recieved a rejection noticd, due to fee issue; i resubmitted with correct fee with in 2days and stayed for 2months and departed USA. after 5 months of departure, i got denial with out prejudice for further applications. reason: during the time of resubmission, i was 15 days past I-94. Now, i want to travel to USA on B1 for a clinical externship; is my B1/B2 visa cancelled automatically? i contavted USconsulate in India; i did not get a definite reply; also, USCIS; i did not get a definite reply; now, shall i reapply in India? if my visa is not cancelled, will i be denied entry@ POE?

Related Topics:
1 Lawyer Answer

Allen C. Ladd

  • Immigration Law Lawyer
  • Greenville, SC
  • Licensed in Texas

A: I don't believe the USCIS action has any effect on your B1B2 visa ... but you will have to answer questions on arrival, clearing US immigration about the delay. You should be OK if you can convince them that, despite the short overstay period, you have no intention of overstaying this time. Best to bring with you proof of your work, etc. arrangements upon return to India ... with specific dates. Good luck.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.