B2 to F1 and got Denial Letter

[ArchieD 16]

Hello folks,

 

My cousin has denial letter from USCIS to deny his status from B2 to F1. He did an I-539 to change his non-immigration status from B2 to F1 on June 2017, and his visa was about to expired on 09/2017. While waiting for USCIS decision, on Feb 2018, he made a call to his school and asked them whether he needs to do something while waiting because Fall 2017 and Spring 2018 semesters have passed and he did not get any response from USCSI. He then got new I-20 from his school with the same SEVIS number but deferred date to June 2018. In April 2018, USCIS finally touched his documents and denied the Change of Status due to the deffered program has to be within 5 months since the end date of his expired B2 visa. 

Has anyone have similar situation and has opened a motion for this case? Please advise. We went to his school and asked whether school and give us a letter to explain to USCIS about the defferred SEVIS date but they didn't help at all. 

 

Thanks for reading,

Archie

[Boiler 45,553]

He has to be in status to change status so his application was correctly denied.

[Coco8 1,042]

Another case trying to go from B2 to F1. Well, he had it coming.  

 

Faster to go back to his country and do this at the consulate. Getting a plane ticket would have been better and less expensive than waiting in the US since June 2017!!! He has to leave the country immediately. He might be able to get a visa at the consulate in his country. 

 

We need to have a facepalm emoticon.

 

Edited May 9, 2018 by Coco8

[SusieQQQ 11,586]

Serious question: has anyone here ever successfully managed to COS from B2 to F1? Every case I can recall seeing ends up being denied.

 

26 minutes ago, Coco8 said:

Another case trying to go from B2 to F1. Well, he had it coming.  

 

Faster to go back to his country and do this at the consulate. Getting a plane ticket would have been better and less expensive than waiting in the US since June 2017!!! He has to leave the country immediately. He might be able to get a visa at the consulate in his country. 

 

We need to have a facepalm emoticon.

 

Also raises the question of what the person has been doing for nearly a year, unable to study or work...

[Boiler 45,553]

Looks like he has a 3 year ban for the overstay, he will need a Visa to enter plus a waiver.

[ArchieD 16]

FYI - Some of my friends were approved while COS from B2 to F1. One of them was approved from B2 to F1 just 4 months ago with the same waiting period without any issue (that individual did not call the school to update his SEVIS until approval). The only thing that made this COS didn't work based on the letter was the change of date of SEVIS. 

[SusieQQQ 11,586]

9 minutes ago, ArchieD said:

FYI - Some of my friends were approved while COS from B2 to F1. One of them was approved from B2 to F1 just 4 months ago with the same waiting period without any issue (that individual did not call the school to update his SEVIS until approval). The only thing that made this COS didn't work based on the letter was the change of date of SEVIS. 

It’s normally tricky because of the (unpredictable) delay in processing time to decision plus the time you are allowed to be in the US on F1 ahead of your course starting. So it’s interesting not just that you seem to know a lot of people who try this but a few who’ve been successful which is not something we normally see here. Can you give more details about how the timelines worked in each of your successful friends’ cases? That might help future posters here.

Edited May 9, 2018 by SusieQQQ

[Boiler 45,553]

12 minutes ago, SusieQQQ said:

It’s normally tricky because of the (unpredictable) delay in processing time to decision plus the time you are allowed to be in the US on F1 ahead of your course starting. So it’s interesting not just that you seem to know a lot of people who try this but a few who’ve been successful which is not something we normally see here. Can you give more details about how the timelines worked in each of your successful friends’ cases? That might help future posters here.

Also intrigued.

[Going through 5,671]

42 minutes ago, SusieQQQ said:

It’s normally tricky because of the (unpredictable) delay in processing time to decision plus the time you are allowed to be in the US on F1 ahead of your course starting. So it’s interesting not just that you seem to know a lot of people who try this but a few who’ve been successful which is not something we normally see here. Can you give more details about how the timelines worked in each of your successful friends’ cases? That might help future posters here.

Would love to know more details on how this worked for your friends as well.  Also, what is your country of origin if you don't mind me asking---would greatly help others if you can share more details.

[Boiler 45,553]

Did they have their entry annotated that would be doing a COS?

[Unlockable 7,314]

3 hours ago, ArchieD said:

FYI - Some of my friends were approved while COS from B2 to F1. One of them was approved from B2 to F1 just 4 months ago with the same waiting period without any issue (that individual did not call the school to update his SEVIS until approval). The only thing that made this COS didn't work based on the letter was the change of date of SEVIS. 

I want to add that I think another problem is the mindset that your friends have that it is ok to freely use a B2 to adjust to other visas. As you can see, not only is it the incorrect process but it can easily backfire.

[ArchieD 16]

1 hour ago, Boiler said:

Did they have their entry annotated that would be doing a COS?

Are you talking about 2 years rule? If yes, it is not. 

[ArchieD 16]

10 minutes ago, NuestraUnion said:

I want to add that I think another problem is the mindset that your friends have that it is ok to freely use a B2 to adjust to other visas. As you can see, not only is it the incorrect process but it can easily backfire.

Would you please explain more about the "mindset" thing? COS is open for all non-immigrants visa to Extend or Change their status while in the U.S (with reasonable reasons) and does not state that B2 cannot be change to F1. 

[cd37 229]

12 hours ago, SusieQQQ said:

Serious question: has anyone here ever successfully managed to COS from B2 to F1? Every case I can recall seeing ends up being denied.

 

Also raises the question of what the person has been doing for nearly a year, unable to study or work...

lot of people think that they would be better enter US as visitor and change status to F1 since they know that they wont get F1 directly from their home country. Not good intentions of course.

[SusieQQQ 11,586]

28 minutes ago, cd37 said:

lot of people think that they would be better enter US as visitor and change status to F1 since they know that they wont get F1 directly from their home country. Not good intentions of course.

So the mindset is that USCIS is stupid? As said before - judging by history in this forum it's generally a mistake to try that.

 

Still waiting to hear the timelines of all these "friends" who just happen to do the same thing from OP.