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

Second opinion] I was on...
Second opinion] 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 USA1. 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 5 hours by:
10/27/2017
Edward Young
Category: Immigration Law
Satisfied Customers: 200
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.​

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There is nothing that prevents you from applying to adjust your status from F2 to F1. To have the best opportunity to have your application approved, I would provide a statement explaining what happened when you were on the F1 visa. I would get copies of the police report when you were robbed at gunpoint. I would get sworn affidavits from doctors and counselors who treated you for PTSD. I would provide a sworn affidavit stating that you did not know that you had to communicate with the DSO about your situation. If you can get a statement from the DSO confirming this, that would also help.

You probably know that you can only do full-time study is on an F1 visa. If the visa is denied, is it your plan to study part-time on your F2 visa? If so, just ask your DSO if you can still get your degree when you earn enough credits. As long as you are attending a a school certified by the Student and Exchange Visitor Program (SEVP), you should be able to complete your studies.

I hope this helps.

Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.​​

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Customer reply replied 3 months ago
Thanks,I do have all that and showed them all to the Visa officer when I visited the consulate to complete my voluntary Departure process. But the VO revoked my F1! And he advised not to apply again for an F1 as the violation happened being on an F1 visa.My Plan is to earn a degree and pay the education loan by working through CPT / OPT can I do them being on an F2? I wont prefer doing Masters as part time

There is no way for an F2 visa holder to work. You would have to apply for an H1B visa.

I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.​​

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Customer reply replied 3 months ago
okay so it has to be an F1 for an internship also? can I work on CPT/ internship while doing full time masters being on an F2?

No. You cannot earn any income on an F2 visa.

Edward Young
Category: Immigration Law
Satisfied Customers: 200
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified
Edward Young and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 3 months ago
if my change of status petition from f2 to f1 is in process can I work then?

No, you cannot work until you have received a visa which allows you to work. Either an F1 part-time or an H1B.

Thank you so much for the 3-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-visaspecialist/ Or, simply request “Edward only” in the first line of your question.

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