Out of Status-options for COS??

[ttdriver 0]

Hi all,

I am new here and am excited to find a place with such a wealth of knowledge from which to draw...on to my question.

I have a friend(Russian) who was in the US on a B2 Visa. We applied for AOS to F1 in November of 2008. There was a huge mess with USCIS having her name incorrect and saying she had another request pending and COS was denied. We reopened the case and got that information corrected, but THEN the school to which she had been accepted sent in the WRONG information -We sent in the CORRECT school information, but it seems that the second denial letter was sent BEFORE they got the new information. We mistakenly(or stupidly) chose to wait and see if when the correct paperwork got to USCIS they would reopen the case. It is now close to a year later and we have heard nothing-and of course she is out of status now. She really does want to stay and study here-hoping to get a work permit as well-and I am trying my best to help her through the maze of immigration(I am a US citizen). Can anyone here give me some advice on how to get her back in status and on the way to getting a work permit and F1 visa?? Your help is greatly appreciated.

[ttdriver 0]

Hi all,

I am new here and am excited to find a place with such a wealth of knowledge from which to draw...on to my question.

I have a friend(Russian) who was in the US on a B2 Visa. We applied for AOS to F1 in November of 2008. There was a huge mess with USCIS having her name incorrect and saying she had another request pending and COS was denied. We reopened the case and got that information corrected, but THEN the school to which she had been accepted sent in the WRONG information -We sent in the CORRECT school information, but it seems that the second denial letter was sent BEFORE they got the new information. We mistakenly(or stupidly) chose to wait and see if when the correct paperwork got to USCIS they would reopen the case. It is now close to a year later and we have heard nothing-and of course she is out of status now. She really does want to stay and study here-hoping to get a work permit as well-and I am trying my best to help her through the maze of immigration(I am a US citizen). Can anyone here give me some advice on how to get her back in status and on the way to getting a work permit and F1 visa?? Your help is greatly appreciated.

ANY HELP on this would CERTAINLY be appreciated!!! We are in a real jam and need to figure out what to do.

Thanks in advance for your help!

[ttdriver 0]

Just wanted to bump this back into a current post.

Forgive me if I am not posting this in the right place or have left out any information....PLEASE HELP if at all possible.

I am trying to help provide an opportunity for my friend who is struggling with the immigration system.

THANKS FOR YOUR HELP!!!

[milimelo 4,552]

Not sure what you want us to say? Your friend does not have a proper status - BTW, you do NOT get both F-1 and work visa. On F-1 you are limited to working 20 hrs ON CAMPUS with approval. F-1 is to study primarily, not to work.

Best thing would be for your friend to go back to Russia and get the F-1 visa from there - those changes of status (tourist extensions, B2 to F1 rarely get approved). What is needed is the payment of SEVIS fee and an I-20 from the school as well as the regular visa fee $131.

Why didn't she go back to get the visa from the US embassy in Russia?

Edited October 15, 2009 by milimelo

[ttdriver 0]

Not sure what you want us to say? Your friend does not have a proper status - BTW, you do NOT get both F-1 and work visa. On F-1 you are limited to working 20 hrs ON CAMPUS with approval. F-1 is to study primarily, not to work.

Best thing would be for your friend to go back to Russia and get the F-1 visa from there - those changes of status (tourist extensions, B2 to F1 rarely get approved). What is needed is the payment of SEVIS fee and an I-20 from the school as well as the regular visa fee $131.

Why didn't she go back to get the visa from the US embassy in Russia?

I guess what I am looking for is some advice on how to appropriately get her back in status, and then begin the process of allowing her to stay in the US.

She didn't go to the US embasy in Russia because she is in the US-and going back to Russia and renewing her visa is not really an option. It appears that it is VERY difficult to get appropriate assistance in Russia, and if she goes back, it will be several years before she can get another Visa. Thanks for the reply, I guess that we will simply have to approach an immigration attorney to see if there are any options.

[milimelo 4,552]

Not sure what you want us to say? Your friend does not have a proper status - BTW, you do NOT get both F-1 and work visa. On F-1 you are limited to working 20 hrs ON CAMPUS with approval. F-1 is to study primarily, not to work.

Best thing would be for your friend to go back to Russia and get the F-1 visa from there - those changes of status (tourist extensions, B2 to F1 rarely get approved). What is needed is the payment of SEVIS fee and an I-20 from the school as well as the regular visa fee $131.

Why didn't she go back to get the visa from the US embassy in Russia?

I guess what I am looking for is some advice on how to appropriately get her back in status, and then begin the process of allowing her to stay in the US.

She didn't go to the US embasy in Russia because she is in the US-and going back to Russia and renewing her visa is not really an option. It appears that it is VERY difficult to get appropriate assistance in Russia, and if she goes back, it will be several years before she can get another Visa. Thanks for the reply, I guess that we will simply have to approach an immigration attorney to see if there are any options.

If she is just a friend - nothing can be done - if she wants to be a student and in status she needs to go back to Russia and get the F-1 visa from there. If you are her USC boyfriend, get married and file for AOS.

[juliava 80]

I agree with Milimelo. Your friend needs to come back to her country and request the visa from there.

Also, a good immigration lawyer would advice you the same thing or he would recommend marriage with a USC. A bona fide marriage.

[km24 0]

Hi all,

I am new here and am excited to find a place with such a wealth of knowledge from which to draw...on to my question.

I have a friend(Russian) who was in the US on a B2 Visa. We applied for AOS to F1 in November of 2008. There was a huge mess with USCIS having her name incorrect and saying she had another request pending and COS was denied. We reopened the case and got that information corrected, but THEN the school to which she had been accepted sent in the WRONG information -We sent in the CORRECT school information, but it seems that the second denial letter was sent BEFORE they got the new information. We mistakenly(or stupidly) chose to wait and see if when the correct paperwork got to USCIS they would reopen the case. It is now close to a year later and we have heard nothing-and of course she is out of status now. She really does want to stay and study here-hoping to get a work permit as well-and I am trying my best to help her through the maze of immigration(I am a US citizen). Can anyone here give me some advice on how to get her back in status and on the way to getting a work permit and F1 visa?? Your help is greatly appreciated.

I am on a F1 visa right now. I went here with B2/Visitor Visa. When I arrived here last year (11/2008) after 3-4 months I've applied for F1 visa and good it was approved. I hired a lawyer for my F1 visa. Why don't you consult one? Ask the lawyer if what's the best advice he/she can give. All I know is the first consultation is free. Why don't you try?

Are you in California? Because my lawyer is from L.A.

Edited October 16, 2009 by km24

[ttdriver 0]

Thanks for the replies! We have discussed the marriage option, but are not ready to make that commitment simply to adjust her status at this moment...perhaps in the future. We are in California-I would love to have a discussion with your attorney.

THanks!

[km24 0]

Thanks for the replies! We have discussed the marriage option, but are not ready to make that commitment simply to adjust her status at this moment...perhaps in the future. We are in California-I would love to have a discussion with your attorney.

THanks!

I'll be sending you a private message. Just check your inbox! I'll be sending you his name, address and number. You can contact him and ask regarding the problem.

Update me if you're able to contact him!

Edited October 16, 2009 by km24

[juliava 80]

km24-The person above is clearly OUT OF STATUS!There is no way to get back in a legal status one year after you get a denial letter from USCIS!

The only solution here is a bona fide marriage.

You were able to change your status because you were in a totally different position/situation. I do not believe that you applied for an F-1 status after your B visa expired.