Help with change from American visitor visa to F1

[SusieQQQ 11,587]

16 hours ago, Lade said:

Thanks everyone. 

It’s just very difficult and we don’t know what to do. 

Can you clarify if she is on a B2 or VWP? If the latter as above - she cannot do anything, she has to return to get an F1. If the former - technically she can do a CoS but with the timelines involved and the constraints on when an F1 status is valid from, it is highly likely that she will be refused and be in overstay. The consequences  of this are (1) she will have to leave immediately she gets the decision from uscis (2) her existing visa is cancelled (3) she would find it incredibly difficult to get another visa. I’m sure that that set of circumstances will be infinitely more difficult than the current ones, whatever they are.

 

How did they children acquire US citizenship? where is the children’s father? 

Edited May 23, 2019 by SusieQQQ

[JFH 12,190]

22 hours ago, Lade said:

Thanks for your swift  response Paul & Mary. 

Is there a program She can get on without going back to her home country?

Her kids are American citizens and they are based here. 

She need to stay with them and go back to school as well. 

I look forward to your advise and help pls. 

A student visa also requires that you demonstrate that you intend to return to the home country at the end of the study. That’s going to be tough with children here. 

[Lade 5]

Thank you JFH. I wish there are other ways to go around this. 

[Lade 5]

On 5/23/2019 at 2:51 PM, SusieQQQ said:

Can you clarify if she is on a B2 or VWP? If the latter as above - she cannot do anything, she has to return to get an F1. If the former - technically she can do a CoS but with the timelines involved and the constraints on when an F1 status is valid from, it is highly likely that she will be refused and be in overstay. The consequences  of this are (1) she will have to leave immediately she gets the decision from uscis (2) her existing visa is cancelled (3) she would find it incredibly difficult to get another visa. I’m sure that that set of circumstances will be infinitely more difficult than the current ones, whatever they are.

 

How did they children acquire US citizenship? where is the children’s father? 

She is on a B2 visa. The kids are citizens by birth. 

Their father is not with them. 

[Lade 5]

On 5/23/2019 at 2:37 PM, missileman said:

I would strongly advise her NOT to overstay her visa......

 

On 5/23/2019 at 2:37 PM, missileman said:

I would strongly advise her NOT to overstay her visa......

Appreciate your responses. 

Can she extend her visa while she is here On the CoS option. She needs only to extend her visa at least. 

Edited May 28, 2019 by Lade

[arken 4,197]

9 minutes ago, Lade said:

 

Appreciate your responses. 

Can she extend her visa while she is here On the CoS option. She needs only to extend her visa at least. 

She can apply for the extension of her current stay/status (not the visa, don’t get confused with this) before it expires. USCIS recommends one to do it at least 45 days before the authorized stay expires.

[Lade 5]

Can she file for CoS at least?

She needs to stay here with her kids pending her return back home. 

Please can you help with the filing process for this please and what is the guarantee USCIS will grant it. 

I worried a lawyer might be asking her to bring money for something they might not grant. 

Edited May 28, 2019 by Lade

[Lade 5]

15 minutes ago, arken said:

She can apply for the extension of her current stay/status (not the visa, don’t get confused with this) before it expires. USCIS recommends one to do it at least 45 days before the authorized stay expires.

Thanks Arken, it’s for her to extend her current stay. She has about a month to do that. 

Edited May 28, 2019 by Lade

[Crazy Cat 41,985]

24 minutes ago, Lade said:

 

Appreciate your responses. 

Can she extend her visa while she is here 

She can try.......but she could find herself with a revoked B2......

 

https://www.visalawyerblog.com/b2_tourist_visa_extensions_how/

 

"The most common reason for denial is that USCIS feels that the applicant is merely trying to prolong his/her U.S. stay indefinitely. The applicant has to leave within this timeframe; otherwise, the removal proceedings and deportation may be initiated against the non-compliant applicant. The removal proceedings and deportation could make it very difficult for the applicant to re-enter the U.S. in the near future."

[WeGuyGal 1,052]

There is no guarantee USCIS would grant an extension. If denied, she would have accrued unlawful presence from the day after her current i94 expires. Her visa could then be revoked.

 

EoS comes with risks, and should only be applied for medical emergencies and not for routine things like needing to stay with the kids. 

[Boiler 45,769]

I do not see how she could change status with only a month left assuming she had a valid route to do so, she would have to be in status to change staus and any application to do so would take longer than a month to process and she would be out of status.

 

Extension, well you need a valid reason, for example she is in Hospital and the Doctors recommend she does not travel, what would be here reason for seeking an extension?

[SusieQQQ 11,587]

1 hour ago, Lade said:

She is on a B2 visa. The kids are citizens by birth. 

Their father is not with them. 

I assume that wherever the father is, she has his permission to have them here. 

[SusieQQQ 11,587]

1 hour ago, Lade said:

Can she file for CoS at least?

She needs to stay here with her kids pending her return back home. 

Please can you help with the filing process for this please and what is the guarantee USCIS will grant it. 

I worried a lawyer might be asking her to bring money for something they might not grant. 

Well, of course a lawyer will charge for his/her time and be unable to guarantee anything.

What do you mean by stay with the kids "pending her return back home"?

I am not seeing anything in these statements to allay the concern that she is heading down a track that will see her have to leave and unable to reenter the US for a long time, either because she won't be able to get another visa after her existing one is revoked or because she will be under a ban.  Whatever the bad planning was that led to this situation,  you/she need to take the long term view here.

[SusieQQQ 11,587]

1 hour ago, WeGuyGal said:

There is no guarantee USCIS would grant an extension. If denied, she would have accrued unlawful presence from the day after her current i94 expires. Her visa could then be revoked.

 

 

no could - would. It's automatic with an overstay. (she won't have unlawful presence till she gets a denial notice - but she will have overstay.)

Edited May 28, 2019 by SusieQQQ

[Lade 5]

6 hours ago, SusieQQQ said:

no could - would. It's automatic with an overstay. (she won't have unlawful presence till she gets a denial notice - but she will have overstay.)

Please what should we do?

 

6 hours ago, SusieQQQ said:

no could - would. It's automatic with an overstay. (she won't have unlawful presence till she gets a denial notice - but she will have overstay.)