B1/B2 to F2 - Denied


Nivtillz

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Hi,

     I entered into US on B1/B2 visa accompanied with my wife who came on F1 visa in Dec 2010 and my I-94 was valid till June 2011. I applied for change of status for F2 in May 2011. As, I didn't get any update from USCIS I had to overstay and after 2 years got an RFE on Jan - 2013. I submitted the additional documents but later was denied on April -02-2013, stating me to leave the country and having a choice to Appeal for Re-open (I -290B). I have applied and got the receipt for I-290B on May-02-2013. I'm worried about the 180 days unlawful stay which would ban me for 3years.

     So, kindly please advise me from which date my 180 days to be counted. Is it from I-94 expiry date ( or)  F2- denied date i.e Apr-02-2013  (or)  I-290B applied date i.e May-02-2013.

I'm planning to leave the country and go for stamping in India, and as my wife is pregnant now so wanted to be with her as long as possible. Please, reply me. Thanking You in advance

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Hi,

     I entered into US on B1/B2 visa accompanied with my wife who came on F1 visa in Dec 2010 and my I-94 was valid till June 2011. I applied for change of status for F2 in May 2011. As, I didn't get any update from USCIS I had to overstay and after 2 years got an RFE on Jan - 2013. I submitted the additional documents but later was denied on April -02-2013, stating me to leave the country and having a choice to Appeal for Re-open (I -290B). I have applied and got the receipt for I-290B on May-02-2013. I'm worried about the 180 days unlawful stay which would ban me for 3years.

     So, kindly please advise me from which date my 180 days to be counted. Is it from I-94 expiry date ( or)  F2- denied date i.e Apr-02-2013  (or)  I-290B applied date i.e May-02-2013.

I'm planning to leave the country and go for stamping in India, and as my wife is pregnant now so wanted to be with her as long as possible. Please, reply me. Thanking You in advance

I would suggest you to consult with an attorney from murthy law firm asap. Do not do anything unless you had a discussion with an attorney

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