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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3941
Experience:  Private practice in several areas, including immigration
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Judith, It is always good to reach you and get some of your

Customer Question

Hey Judith,
It is always good to reach you and get some of your wise answers.
I have a kinda complicated case. Let me try to explain.
This 24-years-old young lady came to the US with her little boy.
She came with her parents. Her father stayed here for 6 months while waited for an L-1 visa to be processed in the US Consulate overseas.
Before the completion of the 6-month stay he and his wife went back to their home country.
The young lady stayed with her son. Before the expiration of her I-94 she applied for a change of status to F-1 (student). The application is still pending and so far nothing wrong with her.
However, her father was called to the U.S. Consulate overseas and when he thought he was going to have his L-1 visa approved and be able to come back to meet his daughter they not only did not approve the L-1 but also canceled his B-1/B-2 visa and told him they canceled HIS DAUGHTER's visa as well and told him she was ILLEGAL from that date on.
My question is: is that even possible that the consulate (U.S Dept. of State) interfere in an immigration law that way, to wit, the ability of a foreign person apply for a change of status here in the U.S thorugh the USCIS (Dept. of Hom. Sec)?
As always i do appreciate your wise answers.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hi, of course I remember you.

This is happening more and more often. Yes, the consulate can cancel the visa but there should be a valid reason for this.

Since she lawfully applied for a COS to F1 I'd like to know how soon after her arrival that she applied to school.

What was the date she entered?

What was the date she received her I-20?

What was the date she filed for the change of status?

I am looking to see if they were suspecting fraud at entry and that she entered saying she was coming as a tourist and really intended to be a student.

Also, I am wondering about the father's petition, as well.

Did he enter as a B1 and did he come in looking to start a business or was he employed by the multi-national company when he entered?

Did he enter for business reasons?

What was the date of his entry?

What date was his petition filed?

I am wondering if the consulate suspected some misrepresentation all the way around in the family's entery.

Our association just recently sent USCIS a letter about their unprecented delays and their lack of transparency in the published dates for processing times and I am wondering what whether somehow her request for change of status was affected by the lack of progress in clearing up the backlogs, as well as whether USCIS suspected misrepresentation at entry and notified the consulate of the COS of status filed soon after entry.

Did the consul put any annotation in his passport for the canceled visa or L1 visa refusal? Something that begins with 212?

I need more information to give you some answers about the appropriate move now.