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?

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1 Lawyer Answer

Allen C. Ladd

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Answered
  • 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.

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