Navigating Change of Status: What Happens if Your Application is Denied?

When considering a Change of Status (COS) from a B1/B2 tourist visa to an F1 student visa, it's important to understand the consequences if your application is denied. This guide will help you navigate these scenarios and ensure you maintain lawful presence in the United States.

Impact on Visa Validity

If your I-94 has expired and you were in the US on the date your COS application was pending, the provisions of INA 222g will be triggered, voiding your B1/B2 visa. Under INA 222g, if your Change of Status or Extension of Stay application was pending and denied, your previously valid visa will be automatically considered invalid. You can only apply for US visas from your country of nationality thereafter.

According to 9 FAM 302.1-9, specifically 9 FAM 302.1-9B1.c4a-b, the provisions of INA 222g do not apply if you had a timely-filed Change of Status or Extension of Stay application that was approved, or if you left the US while the application was pending. However, if you remained in the US on the date your application was denied, the protections of the Change of Status application no longer apply.

Current Processing Times and Challenges

Currently, the process for a Change of Status to a student visa (F1, J1, M1) is quite challenging. USCIS processing times can range from 1 to 2 years, and you won't receive any response until you reach 80% completion. During this lengthy wait, you may not be able to study or work. Additionally, if USCIS uncovers any inadmissibility issues, it will affect any visa you hold.

What if Your Change of Status Application is Denied?

If your Change of Status application is denied, it doesn't necessarily mean you can't pursue your academic goals. Rather, it means that your plans to study will be delayed. If you remain lawfully present in the US, you can continue to extend your B1/B2 status through a timely extension, which must be filed at least 40 days before your current departure date issued by CBP (U.S. Customs and Border Protection).

An extension of stay may be granted if you can prove that you:

Have a valid reason for the extension Will remain in the U.S. beyond the standard period of stay Have a valid reason for returning to your home country Are capable of remaining in the U.S. lawfully and studying in the future

Since a B1/B2 visa is a non-immigrant visa, your goal should be to secure a student visa. It's crucial to avoid overstaying your visa to avoid any legal complications and to improve your chances of obtaining an F1 visa abroad.

Safe and Lawful Migration

If your Change of Status application is denied, the best course of action is to return to your home country and apply for the appropriate F1 visa. Staying in the US without a valid visa extension can lead to severe consequences, including inadmissibility for future U.S. visa applications. It's important to act responsibly and avoid any actions that might be construed as illegal or fraudulent.

Remember, waiting it out in the US can be risky and may unnecessarily delay your academic plans. Save your airfare and do not put your future F1 visa approval at risk.

Finally, it's wise to stay within the 30-day limit as a tourist to avoid potential issues related to illegal work or overstaying. This will help demonstrate your intention to return home and continue your educational goals lawfully.

Conclusion

While a denied Change of Status application can present challenges, it doesn't preclude your ability to study in the U.S. with a student visa. The key is to remain lawfully present, file for extensions of stay if necessary, and avoid any actions that might impact your future visa eligibility. Always pursue the proper means of obtaining a student visa to ensure a smooth and lawful transition to your academic endeavors.