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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4718
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Dear Immigration Lawyer, I am an international student who

Customer Question

Dear Immigration Lawyer,
I am an international student who has been expelled from a college in April 2015. I had file an I-539 to USCIS to change my visa status from F1 to B2 under the reason that I wanted to stay here legally to apply to the colleges during my approved length of stay before my F1 was terminated by the old school. My case was recently accepted by the USCIS and I am now legally staying in the U.S as under the visa B2 until March 2016. I have also been accepted for the Spring semester (starting in January 2016) by several schools and they have also issued me the I-20. Therefore, I am now facing 2 options:
1. To stay in the U.S and wait until Spring semester to start school and also file another immigration status change to USCIS to switch back to F1 (I think the processing time would be quick enough for me start the spring semester in time. Also, the school doesnt require me to acquire F1 in order to go to classes and they said they could accept my going to classes until I get my official F1 status back. I like this option better than the second one but I am not really sure if there is any risk or if this option would hurt anything at all.
2. Go back to my home country and apply for F1 from there (which might be a little more costly and unfavorable for me)
Please let me know about your expertise thoughts because I am now obviously a little biased and do not know which is the better option to do.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Either option is possible. However in option 1, there may be the high possibility that your COS to F1 visa will be denied because of the fact that you were previously on F1 and then you applied for a B2 visa. When applying for a B2 you would have had to assert that you wanted to remain in the US mainly as a tourist. You are not supposed to be changing status to B2 only to buy time until you can apply for F1 and enroll in school again. The fact that you switched to B2 and now you will be applying for F1 again, may lead USCIS to believe that your original intention was to apply for B2 temporarily to keep you in legal status until you could apply for school again. This may be considered fraud and there is a chance that the COS to F2 could be denied. If it is denied at that point you can also depart to your home country and apply for the F1 there.

Good luck to you during this process and I hope this answer has helped you!

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Customer: replied 1 year ago.
Dear *****nifer,Thank you for your so quick response. In my case to USCIS for COS to B2 earlier, I had indicated to them that I wanted to stay here legally to apply for the visa. Do you think my case is still going to be considered a fraud even if they have accepted my case for the above reason?
Customer: replied 1 year ago.
I mean to apply to them colleges*
Expert:  Jen Marie, Esq. replied 1 year ago.

IF you told USCIS why you wanted the B2 , then Yes, there is probably less chance that it may be considered a fraud. However, it still stands that you will have changed from F1 to B2 then F1 again so it may be an issue with your non-immigrant intent. Try to provide proof that you intend to return home when you are done with your studies.

Best of luck!

Expert:  Jen Marie, Esq. replied 1 year ago.

Hello again.. I am just checking whether you were able to read my last answer to you. Do you need me to clarify anything else so that I can earn your positive rating?