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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108667
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My adjustment of status from tourist to student visa is

Customer Question

My adjustment of status from tourist to student visa is denied due to the reason uscis didn't recieve my package in time and i had to resend. If i file I 290b would my stay in usa will be legal during that time period
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I just briefed everything above
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: That's it
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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.

What was the reason that they did not receive the change of status on time? (adjustment of status is applying for U.S. Lawful Permanent Residency).

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

You said "adjustment of status" and I just wanted to point out that if you are going from tourist to student visa, you are doing change of status. An adjustment of status is when you apply for a green card. So why didn't USCIS receive your application on time?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

If you filed an I-290B, you would be placed into a stay authorized by the Attorney General. If approved, then you could get into F-1 student status without having to leave the U.S., however, if it is denied, your unlawful presences counts from the date that your I-94 expired or your change of status to student visa was denied (whichever is later). If you reach 180 days of unlawful presence, you cannot come back to the U.S. for 3 years after you leave unless you get a very hard to get waiver. It is 10 years if you reach 1 year or more of unlawful presence.

Unless you have a VERY good reason for USCIS not receiving your package in time (that you forgot, that you send the wrong money, or anything like that is NOT a good reason), then I would STRONGLY recommend leaving the U.S. as quickly as possible because the faster you leave, the easier it will be to convince a visa officer when you apply from outside that your overstay was brief, reasonable and won't happen again.

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 and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Thank you for your kindness and respect. Good luck to you.

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