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I was on F1 visa from 2005 to 2008. But had a very

unfortunate traumatic experience ( I...
I was on F1 visa from 2005 to 2008. But had a very unfortunate traumatic experience ( I was robbed and assaulted at gun point due to which I had to go through a rehab program for PTSD. During this rehab at my school, my department dint inform the international center or DSO that Iam undergoingrehaband I dint enroll for coursework. Due to this commuication gap, the DSO terminated my F1 visa and fell out of status. later after listening to my plight the DSO advised me to apply for a reinstatement of my F1 to USCIS. While the case was pending with USCIS, I was stopped by a border petrol agent at greyhound bus terminal and after checking that I dont have a legal status I was detained and was asked to appear before immigration judge. I petitioned for a voluntary departure motion and was granted the same by the immigration judge. I left the US as per the guidelines stated in the voluntary departure, reported to US counselate in India and completed the formal proceeding of voluntary departure. Now When I Asked the case officer at the US consulate in Chennai, I had been told that There is no ban or bar on me to reenter US. I have the below questions based on the above pretext.
Now I am currently staying on F2 Visa in USA
1. What are my chances and process to apply for an adjustment of visa from F2 to F1 for a full time study?
2. Another noteworthy point here is when I appeared at US consulate, India to complete the Voluntary departure process, I asked the officer if I can re apply for f1 in future, but he said u can apply but i doubt you will be given a visa given your past history? I am aware that I need to travel to home country to get the F1 visa stamped , at a later point of time to be eligible for OPT , but the plan for the worst case scenario , if my F1 visa is not approved say after completing all my course work for MS in a stem course , will i be barred to get my diploma ? I would have spent some $ 40K and 2 years by then and if my diploma is denied by the school for F1 getting denied will be a big loss. Please advise.Swarup
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Answered in 4 minutes by:
10/27/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,415
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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1) Adjustment is if you were applying for a green card. For F-2 to F-1, it is change of status, not adjustment of status. But as to your chances, that depends on if you can show non-immigrant intent and that you have enough funds to pay for tuition and room and board for at least a year.

2) Well, two things, you don't need to leave the U.S. to get OPT. You don't need a visa to get OPT. Second, your school should not require OPT for you to graduate. Check with your DSO, but I don't believe OPT is necessary to graduate.

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, you may have to scroll up to the top of the page or 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.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,415
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 8 months ago
hi again
Thanks for a quick turn around.So being on an F2 visa in USA, I can / cannot apply for F1 ? whats the procedure? I see other people on F2 enrolling in college full time!
For OPT I believe I need to get a EAD from USCIS which is not possible under F2?
the school doesn't require F1 visa to grant the final diploma.-Avinash

As long as your F-2 status is valid, you can apply for change of status from F-2 to F-1 without having to leave the U.S. But yes, for OPT you need EAD which is not possible on F-2.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 8 months ago
what about CPT ?should I require USCIS approval or schools approval is good as well ?please can you answer this ."the school doesn't require F1 visa to grant the final diploma?"

You don't need EAD for CPT, but speak to your DSO about that. And no, a school should not require F1 to grant a final diploma. Plenty of undocumented persons get degrees.

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