leaving US during pending status
Aug 29th 2002, 4:19 pm
#1
Forum Regular
Thread Starter
Joined: Jan 2002
Posts: 140
leaving US during pending status
my application to change status from F-2 to F-1 is pending with INS. I am just in receipt of the File number for the change of status application.
due to some pressing family problems, i have to leave the US but I was told that I cannot until I hear about my case from the INS. is this true??? if yes, what options do i have since I have to leave urgently. If i do leave during this stage, will there be any possible problems at the airport/US customs/US immigration???
Please help.
due to some pressing family problems, i have to leave the US but I was told that I cannot until I hear about my case from the INS. is this true??? if yes, what options do i have since I have to leave urgently. If i do leave during this stage, will there be any possible problems at the airport/US customs/US immigration???
Please help.
Aug 30th 2002, 1:29 am
#2
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Posts: n/a
Re: leaving US during pending status
SALI <[email protected]> wrote in message
news:<[email protected]>...
> my application to change status from F-2 to F-1 is pending with INS. I am just in
> receipt of the File number for the change of status application.
> due to some pressing family problems, i have to leave the US but I was told that I
> cannot until I hear about my case from the INS. is this true??? if yes, what
> options do i have since I have to leave urgently. If i do leave during this stage,
> will there be any possible problems at the airport/US customs/US immigration???
Departure abandons the pending I-539. http://www.ins.usdoj.gov/graphics/lawsregs/handbook/Travpub-
.pdf
You should instead apply for a new visa at the consulate abroad to return to the USA
with. You could have problems when you try to return with your multi-entry F2
otherwise if they find out about your pending status change application.
CP
news:<[email protected]>...
> my application to change status from F-2 to F-1 is pending with INS. I am just in
> receipt of the File number for the change of status application.
> due to some pressing family problems, i have to leave the US but I was told that I
> cannot until I hear about my case from the INS. is this true??? if yes, what
> options do i have since I have to leave urgently. If i do leave during this stage,
> will there be any possible problems at the airport/US customs/US immigration???
Departure abandons the pending I-539. http://www.ins.usdoj.gov/graphics/lawsregs/handbook/Travpub-
You should instead apply for a new visa at the consulate abroad to return to the USA
with. You could have problems when you try to return with your multi-entry F2
otherwise if they find out about your pending status change application.
CP
Aug 30th 2002, 2:49 am
#3
Forum Regular
Thread Starter
Joined: Jan 2002
Posts: 140
Re: leaving US during pending status
Thank you CP for the reply. The provided link to INS webpage was informative.
I however, still am confused if there would be any problems when leaving the US. My status changed from H-4 to F-2 within the US and now application for change from F-2 to F-1 remains pending. I have to leave soon however and do not know if INS would adjudicate my case before my date of departure.
What I understood from your post and the link, the only effect of my leaving at this stage would be that my I-539 would get nullified and I shall not be able to enter US based on my I-539 application. But can I apply for a fresh F-1 visa outside US and would the fact of my departure during pending I-539 affect in any way my F-1 application outside US?
Also, what do I need to submit at the airport when leaving the US?
Please clarify... Thanx.
I however, still am confused if there would be any problems when leaving the US. My status changed from H-4 to F-2 within the US and now application for change from F-2 to F-1 remains pending. I have to leave soon however and do not know if INS would adjudicate my case before my date of departure.
What I understood from your post and the link, the only effect of my leaving at this stage would be that my I-539 would get nullified and I shall not be able to enter US based on my I-539 application. But can I apply for a fresh F-1 visa outside US and would the fact of my departure during pending I-539 affect in any way my F-1 application outside US?
Also, what do I need to submit at the airport when leaving the US?
Please clarify... Thanx.
Aug 30th 2002, 1:10 pm
#4
Guest
Posts: n/a
Re: leaving US during pending status
> What I understood from your post and the link, the only effect of my leaving at
> this stage would be that my I-539 would get nullified and I shall not be able to
> enter US based on my I-539 application. But can I apply for a fresh F-1 visa
> outside US and would the fact of my departure during pending I-539 affect in any
> way my F-1 application outside US? Also, what do I need to submit at the airport
> when leaving the US?
You should bring the filing receipts for I-539 and the prior I-539 approval notice
with you to the consulate for your F1 nonimmigrant visa interview (along with the
normal requirements of an I-20, proof of available funds, and proof of compelling
ties abroad). The period of your pending I-539 application is lawful presence. You
need to show the consulate you have not been unlawfully present, or they'll rely only
on the stamps they see in your passport.
Abandoning an application will not affect your eligibility for the F1 visa. In fact,
it might help show you really do have compelling ties abroad and qualify for it. CP
> this stage would be that my I-539 would get nullified and I shall not be able to
> enter US based on my I-539 application. But can I apply for a fresh F-1 visa
> outside US and would the fact of my departure during pending I-539 affect in any
> way my F-1 application outside US? Also, what do I need to submit at the airport
> when leaving the US?
You should bring the filing receipts for I-539 and the prior I-539 approval notice
with you to the consulate for your F1 nonimmigrant visa interview (along with the
normal requirements of an I-20, proof of available funds, and proof of compelling
ties abroad). The period of your pending I-539 application is lawful presence. You
need to show the consulate you have not been unlawfully present, or they'll rely only
on the stamps they see in your passport.
Abandoning an application will not affect your eligibility for the F1 visa. In fact,
it might help show you really do have compelling ties abroad and qualify for it. CP
Sep 2nd 2002, 9:45 am
#5
Guest
Posts: n/a
Re: leaving US during pending status
On Thu, 29 Aug 2002 09:19:37 -0700, SALI wrote:
> my application to change status from F-2 to F-1 is pending with INS. I am just in
> receipt of the File number for the change of status application.
> due to some pressing family problems, i have to leave the US but I was told that I
> cannot until I hear about my case from the INS. is this true??? if yes, what
> options do i have since I have to leave urgently. If i do leave during this stage,
> will there be any possible problems at the airport/US customs/US immigration???
As Chris pointed out, if you leave the US, you would abandon your change of status.
But that is actually irrelevant in this case. Regardless of whether you wait or not,
you would always have to apply for an F-1 visa at a consulate abroad, probably in
your home country.
Do be aware that you may be stuck in your home country for quite a while. After 9/11,
Department of State implemented security checks for many people (depending on your
nationality, age, gender and other critieria) that can take several months to
complete. F-1s are particularly scrutinized, both abroad and after they return.
So this - not the pending application - may be a limiting factor of whether or not
you can travel.
Ingo
> my application to change status from F-2 to F-1 is pending with INS. I am just in
> receipt of the File number for the change of status application.
> due to some pressing family problems, i have to leave the US but I was told that I
> cannot until I hear about my case from the INS. is this true??? if yes, what
> options do i have since I have to leave urgently. If i do leave during this stage,
> will there be any possible problems at the airport/US customs/US immigration???
As Chris pointed out, if you leave the US, you would abandon your change of status.
But that is actually irrelevant in this case. Regardless of whether you wait or not,
you would always have to apply for an F-1 visa at a consulate abroad, probably in
your home country.
Do be aware that you may be stuck in your home country for quite a while. After 9/11,
Department of State implemented security checks for many people (depending on your
nationality, age, gender and other critieria) that can take several months to
complete. F-1s are particularly scrutinized, both abroad and after they return.
So this - not the pending application - may be a limiting factor of whether or not
you can travel.
Ingo
Sep 2nd 2002, 2:49 pm
#6
Forum Regular
Thread Starter
Joined: Jan 2002
Posts: 140
Re: leaving US during pending status
Thanks a ton Chris and Ingo for your valuable responses.
I was aware about needing to apply afresh for F-1 if I leave in pending status. I just wanted to clarify if I would be *allowed* to leave the US in pending status because I had heard conflicting statements from people.
Form your replies however, it seems I can definitely leave US but would have to apply afresh fro F-1 outside US to come back, but of course.
I was aware about needing to apply afresh for F-1 if I leave in pending status. I just wanted to clarify if I would be *allowed* to leave the US in pending status because I had heard conflicting statements from people.
Form your replies however, it seems I can definitely leave US but would have to apply afresh fro F-1 outside US to come back, but of course.
