Inna Kouper

Hi,
I've applied for a change of status from F2 to F1 in July 2003 to Nebraska
Service Center and have not heard anything since then (except the receipt
with confirmation number).
According to the USCIS website they are processing January 2004 now (6
months later than my case!).
Requests to the Customer Service Center don't help.

International Services office in my university says that because of some
unresolved issues in immigration law they suspended all cases like mine.
My question:
- Is there any way to find what is going on and what these unresolved
issues are?

If there are other people like me with their cases delayed for a long time
I'd appreciate any information or advice.

Thank you,
Inna

Ingo Pakleppa - see web site for email

I'm not aware of any "unresolved issues in immigration law"; it would be
interesting to find out exactly what this was supposedly referring to.

That said, you could contact your local Congressperson's office for help.
I would suggest you only do that after discussing it with the
International Services office, though.

On Tue, 20 Apr 2004 12:22:13 -0500, Inna Kouper wrote:

    > Hi,
    > I've applied for a change of status from F2 to F1 in July 2003 to
    > Nebraska Service Center and have not heard anything since then (except
    > the receipt with confirmation number).
    > According to the USCIS website they are processing January 2004 now (6
    > months later than my case!).
    > Requests to the Customer Service Center don't help.
    >
    > International Services office in my university says that because of some
    > unresolved issues in immigration law they suspended all cases like mine.
    > My question:
    > - Is there any way to find what is going on and what these unresolved
    > issues are?
    >
    > If there are other people like me with their cases delayed for a long
    > time I'd appreciate any information or advice.
    >
    > Thank you,
    > Inna

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

Inna Kouper

Thanks for your response. As for "unresolved issues", at the beginning of
this academic year it was not clear whether a person can study while the
application is pending. Most people (including me) have enrolled and started
their studies. Later INS decided that such people violate their status by
enrolling so I withdrew from classes.
As I have been told in International Services office, now INS can't figure
out whether treat it as violation of status and deny all applications or
"forgive" us due to the ambiguity of the law. That's why applications are
suspended.

I understand that these are rumors so it would be really nice to find out if
there are any hearings about it or anything else.

Inna



"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news[email protected]...
    > I'm not aware of any "unresolved issues in immigration law"; it would be
    > interesting to find out exactly what this was supposedly referring to.
    > That said, you could contact your local Congressperson's office for help.
    > I would suggest you only do that after discussing it with the
    > International Services office, though.
    > On Tue, 20 Apr 2004 12:22:13 -0500, Inna Kouper wrote:
    > > Hi,
    > > I've applied for a change of status from F2 to F1 in July 2003 to
    > > Nebraska Service Center and have not heard anything since then (except
    > > the receipt with confirmation number).
    > > According to the USCIS website they are processing January 2004 now (6
    > > months later than my case!).
    > > Requests to the Customer Service Center don't help.
    > >
    > > International Services office in my university says that because of some
    > > unresolved issues in immigration law they suspended all cases like mine.
    > > My question:
    > > - Is there any way to find what is going on and what these unresolved
    > > issues are?
    > >
    > > If there are other people like me with their cases delayed for a long
    > > time I'd appreciate any information or advice.
    > >
    > > Thank you,
    > > Inna
    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.

Ingo Pakleppa - see web site for email

I think I know what regulation you are referring to, but - as far as I
know - it never affected F-2s, only B-2s changing to F-1. Please treat
this as just another rumor, though; I'm not 100% positive about it.

On Thu, 22 Apr 2004 11:09:04 -0500, Inna Kouper wrote:

    > Thanks for your response. As for "unresolved issues", at the beginning
    > of this academic year it was not clear whether a person can study while
    > the application is pending. Most people (including me) have enrolled and
    > started their studies. Later INS decided that such people violate their
    > status by enrolling so I withdrew from classes. As I have been told in
    > International Services office, now INS can't figure out whether treat it
    > as violation of status and deny all applications or "forgive" us due to
    > the ambiguity of the law. That's why applications are suspended.
    >
    > I understand that these are rumors so it would be really nice to find
    > out if there are any hearings about it or anything else.
    >
    > Inna
    >
    >
    >
    > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
    > message news[email protected]...
    >> I'm not aware of any "unresolved issues in immigration law"; it would
    >> be interesting to find out exactly what this was supposedly referring
    >> to.
    >> That said, you could contact your local Congressperson's office for
    >> help. I would suggest you only do that after discussing it with the
    >> International Services office, though.
    >> On Tue, 20 Apr 2004 12:22:13 -0500, Inna Kouper wrote:
    >> > Hi,
    >> > I've applied for a change of status from F2 to F1 in July 2003 to
    >> > Nebraska Service Center and have not heard anything since then
    >> > (except the receipt with confirmation number). According to the USCIS
    >> > website they are processing January 2004 now (6 months later than my
    >> > case!).
    >> > Requests to the Customer Service Center don't help.
    >> >
    >> > International Services office in my university says that because of
    >> > some unresolved issues in immigration law they suspended all cases
    >> > like mine. My question:
    >> > - Is there any way to find what is going on and what these
    >> > unresolved
    >> > issues are?
    >> >
    >> > If there are other people like me with their cases delayed for a long
    >> > time I'd appreciate any information or advice.
    >> >
    >> > Thank you,
    >> > Inna

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

Sylvia Ottemoeller

"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news[email protected]...

    > I think I know what regulation you are referring to, but - as far as I
    > know - it never affected F-2s, only B-2s changing to F-1. Please treat
    > this as just another rumor, though; I'm not 100% positive about it.

There are two sections in the regulations which provide for a violation of
the temporary status of a person who pursues a course of study or "full
time" study. Here is the one Ingo referred to, about changing from B-1 or
B-2 to F-1:

________________

8 CFR Section 214.2 (b)(7) [available through
http://uscis.gov/graphics/lawsregs/8cfr.htm]

(7) Enrollment in a course of study prohibited. An alien who is admitted as,
or changes status to, a B-1 or B-2 nonimmigrant on or after April 12, 2002,
or who files a request to extend the period of authorized stay in B-1 or B-2
nonimmigrant status on or after such date, violates the conditions of his or
her B-1 or B-2 status if the alien enrolls in a course of study. Such an
alien who desires to enroll in a course of study must either obtain an F-1
or M-1 nonimmigrant visa from a consular officer abroad and seek readmission
to the United States, or apply for and obtain a change of status under
section 248 of the Act and 8 CFR part 248. The alien may not enroll in the
course of study until the Service has admitted the alien as an F-1 or M-1
nonimmigrant or has approved the alien's application under part 248 of this
chapter and changed the alien's status to that of an F-1 or M-1
nonimmigrant.
________________

The second section is about changing from F-2 to F-1. The section was
published in the Federal Register on 12/11/02, and became effective on
01/01/03. See
http://www.nafsa.org/content/Profess...es/sr2002g.pdf.

________________

8 CFR Section 214.2 (f)(15)

(A) The F-2 spouse of an F-1 student may not engage in full time study, and
the F-2 child may only engage in full time study if the study is in an
elementary or secondary school (kindergarten through twelfth grade). The F-2
spouse and child may engage in study that is avocational or recreational in
nature.

(B) An F-2 spouse or F-2 child desiring to engage in full time study, other
than that allowed for a child in paragraph (f)(15)(ii)(A) of this section,
must apply for and obtain a change of nonimmigrant classification to F-1,
J-1, or M-1 status. An F-2 spouse or child who was enrolled on a full time
basis prior to January 1, 2003, will be allowed to continue study but must
file for a change of nonimmigrant classification to F-1, J-1, or M-1 status
on or before March 11, 2003.
(C) An F-2 spouse or F-2 child violates his or her nonimmigrant status by
engaging in full time study except as provided in paragraph (f)(15)(ii)(A)
or (B) of this section.

________________


    > On Thu, 22 Apr 2004 11:09:04 -0500, Inna Kouper wrote:
    > > Thanks for your response. As for "unresolved issues", at the beginning
    > > of this academic year it was not clear whether a person can study while
    > > the application is pending. Most people (including me) have enrolled and
    > > started their studies.

The above regulation seems pretty clear to me. It appears that March 11,
2003, was the last date that an F-2 holder like you could be legally
attending school full-time, with an I-539 pending requesting a change to
F-1. After that date, you would need to *hold* F-1 status -- the I-539
would have to be approved.

If the school advised you wrongly, which is entirely possible, maybe the
government could excuse your period of unauthorized full-time enrollment.

Later INS decided that such people violate their
    > > status by enrolling so I withdrew from classes. As I have been told in
    > > International Services office, now INS can't figure out whether treat it
    > > as violation of status and deny all applications or "forgive" us due to
    > > the ambiguity of the law. That's why applications are suspended.
    > >
    > > I understand that these are rumors so it would be really nice to find
    > > out if there are any hearings about it or anything else.

    > > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
    > > message news[email protected]...

    > >> I'm not aware of any "unresolved issues in immigration law"; it would
    > >> be interesting to find out exactly what this was supposedly referring
    > >> to.
    > >>
    > >> That said, you could contact your local Congressperson's office for
    > >> help. I would suggest you only do that after discussing it with the
    > >> International Services office, though.

If you have a savvy Congressperson, this could be a very helpful thing to
do.

    > >> On Tue, 20 Apr 2004 12:22:13 -0500, Inna Kouper wrote:

    > >> > I've applied for a change of status from F2 to F1 in July 2003 to
    > >> > Nebraska Service Center and have not heard anything since then
    > >> > (except the receipt with confirmation number). According to the USCIS
    > >> > website they are processing January 2004 now (6 months later than my
    > >> > case!).
    > >> > Requests to the Customer Service Center don't help.
    > >> >
    > >> > International Services office in my university says that because of
    > >> > some unresolved issues in immigration law they suspended all cases
    > >> > like mine. My question:
    > >> > - Is there any way to find what is going on and what these
    > >> > unresolved issues are?
    > >> >
    > >> > If there are other people like me with their cases delayed for a long
    > >> > time I'd appreciate any information or advice.

You could also ask your international student adviser to ask her
professional colleagues for information. See
http://www.nafsa.org/content/Profess...CIPPRRmain.htm.