Unlawful Presence while i539 COS to F1 pending

[User3456]

Hello,

my L-2 expired in Jan 2018 (turned 21).

my i539 was received in Aug 2017.

I have no decision or RFEs from USCIS yet.

If I withdraw my application, will I have accrued unlawful presence and triggered inadmissibility bar?

I want to withdraw in Aug 2018 because I am flying out on the 5th Aug to get F1 from home country (UK).

[pontevecchio]

No need to withdraw anything. Discuss your situation with a lawyer. It is absolutely vital to your ability to study here to get a lawyer involved.

[User3456]

Thanks for your reply.

 I have tried to get in touch with many lawyers but none give similar answer. Some said it’s too late to do anything, I should just wait it out. Others said flying out is the best option than waiting further in the country.

My DSO is saying to withdraw before flying out.

I don’t know which lawyer to trust.

[pontevecchio]

Just get hold of one lawyer. What is your nationality? Which country passport do you hold. The moment the L2 expired, the COS was rendered moot as there is no more status to change. Maybe give the firm of Murthy a call and move on from there.