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I am currently in L1B Visa. My spouse was denied F1 visa on…

I am currently in...

I am currently in L1B Visa. My spouse was denied F1 visa on Nov 2017 . He applied for L2 and got his visa approved on Dec 2017.
1) How long does it take for L2 to F1 change of status?
2) If we apply for F1 change of status, will it be approved for sure? Will there be any denials in COS in this case?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I am currently in L1B Visa. My spouse was denied F1 visa on Nov 2017 . He applied for L2 and got his visa approved on Dec 2017.
1) How long does it take for L2 to F1 change of status?
2) If we apply for F1 change of status, will it be approved for sure? Will there be any denials in COS in this case?

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Answered in 47 minutes by:
1/1/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,897
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 7 months ago
Sure. Thank you. Will wait for your response

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Where is your spouse now? Why was he denied both the F-1 and later the L-2?

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Customer reply replied 7 months ago
As he has travelled to many countries and currently working in Middle East his F1 visa was denied earlier. He has got his L2 approved.

That's not really a reason to be denied an F-1 unless he is from a banned country. Is he?

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Customer reply replied 7 months ago
I will get back to you on this. Is it possible to allow some time here?
Just wanted to make sure I am not paying back if I come back to you.

This session never closes, not even after you leave a positive rating. So take your time.

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Customer reply replied 7 months ago
F1 visa rejected under 214b

Ok. That means that they felt that he had immigrant intent. What evidence could he present to prove that he has strong ties to his home country and will go back when his studies are over? Also, has your employer started the green card process for you?

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Customer reply replied 7 months ago
My employer did not start my GC process and my L1B visa is valid under Jan 31,2019. What could the list of evidences that can be submitted ? Also when applying for COS will the history of F1 rejection be checked?

This history is never deleted, so they will always see it. As I said, for some reason they think he has immigrant intent which is not allowed for the F-1 but it is allowed for the L-2. Why does he need to COS to F-1 for if he is allowed to study in the U.S. while on L-2?

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Customer reply replied 7 months ago
My visa is valid upto Jan 31,2019 however his course starts on Jan 2018 and ends after 18 months.

And you will be maxed out at 5 years by January 31, 2019? Any way for you to get into L-1A status?

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Customer reply replied 7 months ago
My initial 3 years of stay ends by Jan 2019. I dint think my employer is planning for L1 A as welI.

You can extend for up to 5 years. Your employer doesn't want to?

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Customer reply replied 7 months ago
I dont think they are planning to do it.

Ok. Then at this point, he most likely has the following options:

1) You convince your employer to extend your status at least for 6 months to a year or so.

2) You convince your employer to help you get into L-1A status.

3) Your spouse applies again for F-1 COS and prove the intent to go home after his studies are done. He can do that by showing ties to your home country, a letter from your employer stating that they will not extend your L-1 status anymore so that you will have to go back home, anything else you can think of as a tie to your home.

4) He can overstay to finish his studies then leave the U.S. If he accrues more than 180 days of unlawful presence, he activates the 3 year bar that he cannot come back to the U.S. for 3vyears unless he gets a very hard to get waiver. It is 10 years if he reaches 1 year of unlawful presence or more. The faster he leaves the U.S., the easier it will be for him to prove to a visa officer in the future that his overstay was brief, reasonable and would not happen again. So if it is not important for him to come back to the states any time soon and he doesn't mind the violation and possible consequences, he could overstay to finish his studies.

I wish I had better news for you, but the options are limited.

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.

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Customer reply replied 7 months ago
Hello .. thanks for the response .. is there any way for me to apply for a GC by myself ??

There are generally 5 avenues to obtain U.S. Lawful Permanent Residency. They are through family, through employment, through Asylum or refugee process, through investment, or through the lottery.

For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so.

Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do.

Through Asylum or Refugee process, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions.

Through investment, you are looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers.

And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify.

Here is a link to the different forms to get a green card:

http://www.uscis.gov/greencard

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,897
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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