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Results 1 to 10 of 10

Thread: confused and baffled

  1. #1
    I came to the US on a L2 visa (dependent on my dad) who was on L1. I applied for a change of status from L2 to F1 so i could go to school here. My first attorney screwed up my case, as he did not present all the facts required by INS and my case was denied stating "some details were not provided" I appealed the decision by submitting all the facts and documents. Its been well over a year and i have heard nothing yet.

    I am 21 now so my L1 is over. I consulted another lawyer and he said that if my appeal is approved then everything is fine, but if it is denied then i would have been out of status and if i leave the country i will be barred from entering the US for 10yrs. All the lawyers i consulted till now told me that i am in status till the decision is made. So am i a illegal now since my L1 has expired and my F1 decision is still pending?

    Thank you.

  2. #2
    I came to the US on a L2 visa (dependent on my dad) who was on L1. I applied for a change of status from L2 to F1 so i could go to school here. My first attorney screwed up my case, as he did not present all the facts required by INS and my case was denied stating "some details were not provided" I appealed the decision by submitting all the facts and documents. Its been well over a year and i have heard nothing yet.

    I am 21 now so my L1 is over. I consulted another lawyer and he said that if my appeal is approved then everything is fine, but if it is denied then i would have been out of status and if i leave the country i will be barred from entering the US for 10yrs. All the lawyers i consulted till now told me that i am in status till the decision is made. So am i a illegal now since my L1 has expired and my F1 decision is still pending?

    Thank you.

  3. #3
    Your best and safest course of action would be to leave the U.S. immediately so as not to accrue any time out of status in case the decision about your case is not positive. This way you will not jeopardize your future chances of getting another visa.

  4. #4
    As I understand it you are legal at the moment.
    When you file for a change of status before you current status has expired and your case is pending, you are legal (because you have a pending case) until you get an answer on you application.

  5. #5
    Thank you "NYC-IMM-PARALEGAL" and "DEBMAN" for your answers.

    If the decision is negative, can i then leave the country and apply for a new visa, or i will not be able to do that?

    thank you.

  6. #6
    I don't think that would work. Because if you get a negative answer, it means you are illegal from the date the decision was made.

  7. #7
    Thank you Debman for your quick answer. I appreciate it.

    Since i have appealed the decision made,as all the facts were not taken into consideration when decision was made. Is it that i am illegal from the day that the first decision was made, or am i still legal as the appeal is still pending?

    thank you.

  8. #8
    As I understand it you are legal while you have a pending case (even if it is an appeal on a original decision)
    That is how I understand this; I could be wrong.

  9. #9
    I don't think it is possible to aos from any kind of visa to that of F-1 since 9/11. most of the terrorist had this kind of visa. all f-1 applicants have to do it from outside America so no matter if you appeal or stick around longer it will just accrue more out-of-status time as Debman told you and no the time does not start counting from the day it was denied it starts the day the other status expired in your case when it was abonened when you applied for f-1. since it's not possible to aos to f-1 as long as you're here and since you abonened the other option it is advisable for you to consult a good attorney. the appeal will probably just hasten a possible removal

    an amendment made sure that you could not age out you know the 21 year limit while still in proceedings; you should have stayed with it in my opinion!

  10. #10
    Thanks pandora
    I have taken a appointment from a lawyer in nyc. Hopefully i get out of this mess, and am not barred for 10yrs for overstaying, cause my previou attorney told me i am still legal as my decision is pending..

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