B1/B2 visa to F1 and F2 (for wife & kid) possible?

[HRQX 4,145]

6 minutes ago, SusieQQQ said:

I quoted only the official USCIS document and linked to it.  I guess you neither read what I quoted nor noted the uscis.gov url for the reference.

That isn't the INA or an official interpretation (Code of Federal Regulations, USCIS Policy Manual, USCIS Adjudicator's Field Manual, DOS Foreign Affairs Manual)

[HRQX 4,145]

1 hour ago, SusieQQQ said:

I quoted only the official USCIS document and linked to it.

By your logic a pamphlet (with a disclaimer that you might have missed at the very end) supersedes both DOS's FAM and CBP's IFM: https://www.shusterman.com/pdf/cbpinspectorsfieldmanual.pdf "In agreement and coordination with DOS, a single interpretation of “period of stay authorized by the Attorney General” shall be applied to sections 222(g) (relating to the automatic voidance of the alien’s nonimmigrant visa) and 212(a)(9)(B) and (C) of the Act (relating to unlawful presence). The basic underlying principle of the interpretation of “remain in the United States beyond the period of stay authorized by the Attorney General” that sections 212(a)(9)(B) and 222(g) have in common is that the alien was an overstay or was actually found to have violated his or her status, resulting in termination of the period of stay authorized by the Attorney General."

"The Service has designated as a period of stay authorized by the Attorney General the entire time during which a timely filed, nonfrivolous application for E/S or C/S is pending, provided the alien meets the requirements set forth below"

 

Also an INS memo on 222(g): https://www.aila.org/infonet/ins-advises-on-222g

Edited November 19, 2019 by HRQX

[SusieQQQ 11,586]

2 hours ago, HRQX said:

By your logic a pamphlet (with a disclaimer that you might have missed at the very end) supersedes both DOS's FAM and CBP's IFM: https://www.shusterman.com/pdf/cbpinspectorsfieldmanual.pdf "In agreement and coordination with DOS, a single interpretation of “period of stay authorized by the Attorney General” shall be applied to sections 222(g) (relating to the automatic voidance of the alien’s nonimmigrant visa) and 212(a)(9)(B) and (C) of the Act (relating to unlawful presence). The basic underlying principle of the interpretation of “remain in the United States beyond the period of stay authorized by the Attorney General” that sections 212(a)(9)(B) and 222(g) have in common is that the alien was an overstay or was actually found to have violated his or her status, resulting in termination of the period of stay authorized by the Attorney General."

"The Service has designated as a period of stay authorized by the Attorney General the entire time during which a timely filed, nonfrivolous application for E/S or C/S is pending, provided the alien meets the requirements set forth below"

 

Also an INS memo on 222(g): https://www.aila.org/infonet/ins-advises-on-222g

By your logic, you can delve deep into the FAM and various lawyer websites to possibly find something upon which to pay a lawyer to challenge the most likely outcome (again, as indicated in the official publication printed to guide applicants in how to go about change of status applications) of a likely denial, as if that will make any difference at all to getting a positive outcome the next time you try get a visa or enter the US... and you cannot appeal a consular visa decision.

By my logic, you go home and apply for an F1 visa there with a better chance of success and less risk from a denial. 

 

Edited November 19, 2019 by SusieQQQ

[Ontarkie 14,218]

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