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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3874
Experience:  Private practice in several areas, including immigration
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My Current SituationI am on F2 status in the US since

Customer Question

Hello,
My Current Situation
I am on F2 status in the US since December, 2014. I have applied for change of status (F2 to F1)in October, 2015. However, due to personal reasons, I have applied for divorce in January, 2016. I have got I-797E (RFE) on March 31st, 2016 requesting updated I-20 from the school and financial statements including last four months bank statements . I got the divorce judgement on April 6th, 2016. But, I am very disturbed and wish to return back to my country and withdraw my application.
My Questions
1. If I send the letter requesting withdrawal of my case, how long can I legally stay in the US after sending? Do I need to wait for their reply? I dont want to jeopardize my future visits to US.
2. I want you to review the letter that I intend to send to the USCIS requesting my withdrawal of case and provide your comments/suggestions. I want my status to be clean for me to re-enter on any other type of visa in the future. The letter is as follows:
Sir,
I have applied for change of status to F1 (student) from F2 (student-dependant) to pursue my higher studies which was recieved by the USCIS on October 22nd, 2015. My reciept number is *****
I have recieved I-797E notice of action on March 31st, 2016 requesting further evidence on my application.
However, due to some personal reasons, I have applied for divorce and got the divorce judgement on April 6th, 2016. At this point of time, I am in a very disturbed state of mind and wish to suspend my application process and leave to my home country soon.
So, I request you to kindly cancel my application for change of status. If I intend to pursue my higher studies in future, I will apply freshly from my home country for the student visa. Thanks for considering and processing my case so far.
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Let me ask a quick question first. Your last entry stamp, does it say D/S on it or does it give a specific date as to how long you are allowed to stay?

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