My I539 got rejected

[Med Amine 0]

Hello Sir/Mme My name is Med a north African, Tunisian citizen, I used to be on a J1 student exchange visa I went back back home then came back to the states again on a B1 B2 tourist visa in addition to visit one of my american friends for her wedding after spending the whole summer in here and since school were about to start back home I thought that I might enroll into a school in america and finish my degree in here why not ? since I met some people that told me that I can change my status without the need to go back home so I asked my dad and family and they supported me in the decision and they even sent me money since my intentions are just to focus on studying nothing else so I applied for what is called an I-539 change of status visa to change my status from a B1-B2 tourist visa to F-1 student visa in order to change my status and I enrolled in a university and got my I-20 and he acceptance letter the docs that I attached later with the form and the bio metric fees and I made sure to submit everything 30 days before my B1-B2 tourist visa expires then I waited for 2 months until the case acceptance letter came notifying me that my case has been transferred to an office that have jurisdiction on my it Missouri to California since that notice USCIS were taking moths and months so i tried to call them and talk to them through the costumer service the last time the said that a technical error showed up for my case that why they were taking more than the legal time of the case so I submitted a request to notify them that my case was processing over the legal time they said I have to wait more so I waited all this and I was going through the money I got to study with but there were no studying since there is no visa... and now after 7 months passed they respond to me with a final decision that said that my case was denied because i didn't extend my B1-B2 visa while they were taking forever to process the problem that they didn't tell me about the B1-B2 visa extension and they didn't notify me about anything and now they re blaming me for a technical error they made.. so I was looking for any legal help or an advice to show me or guide me through what can I do.. should I pay the fees and fill a motion notice or should I pack and go back home I'am lost and my studies are stopped 

[Ontarkie 14,223]

~~Moved to Student & Exchange Visitor Visas, from Immigration News.~~

[Coco8 1,042]

1. Never try to go from B1/B2 to F1 within the US. It is a long process and most people posting on VJ say they got rejected or it took over half a year to hear from USCIS. By then, they had been in the US for a long long time. You didn't extend your B1/B2 so you overstayed and either have a ban or you violated your B1/B2 visa. You should have left and done a visa in your country.

 

2. I don't see how you can finish the degree in the US. Would you be an exchange student and your credits would go to your university in Tunisia? If so, you need a J1, not an F1.

 

3. It is not USCIS fault. They are not going to advice you on what to do. You should have figure everything out before starting. There is no legal advice now. You have to go to your country, finish your degree, and live your life.  If you keep staying you are going to get a 10 year ban to the US. Now, you might have a 3 year ban. I don't know how long you stayed past your B1/B2 allowed time to figure that out.

 

4. You need to use . , ; when you write. It is almost impossible to read.

 

 

[jan22 3,056]

It is not the responsibility of USCIS to tell you to extend your B1/B2 status. It is your responsibility to remain in status. There is no way a change of status can be approved once you have no status that can be changed. Your only option is to leave the United States before you begin accruing enough unlawful presence -- which started from the last approved day of your B1/B2 entry -- to result in a longer ban, assuming you likely have a 3 year one already since you only had 30 days left when you applied for the change and it has taken more than 7 months at least.  You definitely want to get out of the US before you have accumulated 365 days of unlawful presence.

Edited August 17, 2017 by jan22