How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Your Own Question
Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28188
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

My application of status, from B2 to F-1 visa was denied.

Customer Question

My application for change of status, from B2 to F-1 visa was denied. reason for denial is that the school that issued me 1-20 is authorized only for attendance in language programs and in vocational and technical programs.
The I-20 that was issued to me indicates that I am accepted to take up business course. Can I apply for a motion to reopen and reconsideration for this matter.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith replied 11 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

You could file the MTR but I don't see on what grounds. Help me out here.

How could the school not know what it qualified for.

Judith

Customer: replied 11 months ago.
I think the school knows very well that they are only authorized to issue I-20 for attendance in languages proms and in vocational and technical programs. All I can say is that they fooled me somehow...... way forward. USCIS says that there is no appeal to this decision, however, I can still file a motion on Form I-290B. What I want to know is am I qualified to file a motion to reopen or motion to reconsider or both.
Expert:  Judith replied 11 months ago.

It would be a waste of time and money.

Here is the requirements for an MTR

Motions to Reopen or Reconsider

Q. What is a motion to reopen?

A. A motion to reopen is a request to the original decision maker to review a decision. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances, and “state the new facts to be provided in the reopened proceedings and be supported by affidavits or other documentary evidence.” See 8 CFR 103.5(a)(2).

If the underlying application or petition was denied due to abandonment (e.g. failure to respond timely to a request for evidence or a notice of intent to deny), a motion to reopen may be filed if it can be shown that:

  • The requested evidence was not material,
  • The required initial evidence was submitted with the application or petition,
  • The request for appearance or additional evidence was complied with during the allotted period, or
  • The request for evidence or appearance was not sent to the address of record.

Q. What is a motion to reconsider?

A. A motion to reconsider is a request to the original decision maker to review a decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration. A motion to reconsider must be supported by “any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or [USCIS] policy.” See 8 CFR 103.5(a)(3). Unlike a motion to reopen, new evidence or changed circumstances cannot support the filing of a motion to reconsider.

I don't see how you have any grounds to satisfy either. The school scammed you unfortunately and the best thing for you to to do is depart the US before your I-94 has been expired for 180 days or you will face a 3 year bar to come back for any reason and if you are unlawfully present for more than 1 year you have a 10 year bar.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith replied 11 months ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful. Experts are only compensated for their time if you give a positive rating.

I did not control the process you engaged in with the school who defrauded you and unfortunately I have no ability to work magic.

Judith
Judith

Related Immigration Law Questions