Time to leave US when I-539 is denied
 

My file for change of status (I-539) is pending with INS.
Is it true if my I-539 is denied I will have 120 days from the date of the denial of the application to leave the U.S.
Please let me know your experiences, if anybody has faced this before or has knowledge regarding this.

Re: Time to leave US when I-539 is denied
 

To put it in other words, how many days of grace ae allowed once your application to change non-immigrant status (I-539) is denied?

Please respond if anybody knows an answer to this.

Re: Time to leave US when I-539 is denied
 

On Sat, 07 Sep 2002 19:04:51 -0700, SALI wrote:


    > My file for change of status (I-539) is pending with INS. Is it true if my I-539 is
    > denied I will have 120 days from the date of the denial of the application to leave
    > the U.S. Please let me know your experiences, if anybody has faced this before or
    > has knowledge regarding this.
    > --
    > Posted via http://britishexpats.com

Not really, although in practical terms it may be possible. You are expected to leave
as soon as the I-539 is denied. Actually, INS will start formal removal (deportation)
proceedings upon the denial. An actual removal would take years to complete. In the
early stages, INS will allow you to apply for voluntary departure. This basically
means that you sign a document agreeing that you will arrange for your own departure
from the US, buy the ticket etc, as opposed to the US government paying for the
departure. In return for saving the taxpayer money, the US will not ban you from the
US for five years. So everybody wins.

And this is where the 120 days you heard about probably came from: if voluntary
departure is approved, you usually have 120 days to actually leave the US.

So, to answer your question directly, there is no 120 day rule after an I-539 is
denied. The 120 days are part of the deportation proceedings that follow a denial.

Re: Time to leave US when I-539 is denied
 

Ingo Pakleppa wrote:
    > On Sat, 07 Sep 2002 19:04:51 -0700, SALI wrote:
    > > My file for change of status (I-539) is pending with INS. Is it true if my I-539
    > > is denied I will have 120 days from the date of the denial of the application to
    > > leave the U.S. Please let me know your experiences, if anybody has faced this
    > > before or has knowledge regarding this.
    > >
    > > --
    > > Posted via http://britishexpats.com
    > Not really, although in practical terms it may be possible. You are expected to
    > leave as soon as the I-539 is denied. Actually, INS will start formal removal
    > (deportation) proceedings upon the denial. An actual removal would take years to
    > complete. In the early stages, INS will allow you to apply for voluntary departure.
    > This basically means that you sign a document agreeing that you will arrange for
    > your own departure from the US, buy the ticket etc, as opposed to the US government
    > paying for the departure. In return for saving the taxpayer money, the US will not
    > ban you from the US for five years. So everybody wins.
    > And this is where the 120 days you heard about probably came from: if voluntary
    > departure is approved, you usually have 120 days to actually leave the US.
    > So, to answer your question directly, there is no 120 day rule after an I-539 is
    > denied. The 120 days are part of the deportation proceedings that follow a denial.

That said, this becomes an overstay. Having overstayed, you will have far more
difficulty re-entering the US in the future. It is in your own best interest to
leave the US as expeditiously as possible upon being denied without even waiting for
a volutary departure order. You should keep records of your departure for posterity
in case you want to return.

Re: Time to leave US when I-539 is denied
 

SALI wrote:
    > To put it in other words, how many days of grace ae allowed once your application
    > to change non-immigrant status (I-539) is denied?
    > Please respond if anybody knows an answer to this.
    > --
    > Posted via http://britishexpats.com

Technically, none at all. Practically speaking less than 10 days should cause you no
problems. Every day longer than that gets you a day closer to the INS appearing at
your doorstep with a voluntary departure order.

Re: Time to leave US when I-539 is denied
 

Thank you Ingo and Stuart.
Wow! am I in a soup!

From what I understand from your replies, if my I-539 gets denied, I have to leave the US immediately
(So how many days does INS normally allow without deportation proceedings to make arrangemtns to eave US?).

Also, I understand from what you said, INS will allow 120 days to make arrangements to voluntarily depart.
(So, what is the difference between departing upon denial and departing voluntarily by signing voluntary deportation agreement?)
(When does INS issue this document for me to sign to depart voluntarily?)
(If I have to depart voluntarily by signing the document within 120 days, will it still be considered overstay and pose problems when I have to return back?)

I have recieved the receipt notice for my I-539 application. Can my application still be denied although I wish it means I have a good chance of approval.

If you have seen my posts on the Canadian forum, I have to stay in US till mid-November to do additional medical test fro Canadian Immigration. I can do these tests only with my designated medical practitioner and can do it only in November. That is why I am rying to look for ways to hang on legally in the US till then.

Please answer and suggest.

Re: Time to leave US when I-539 is denied
 

PS: What do you mean by "if voluntary departure is approved" ? What happens if it is not approved?

Gosh, this is getting tougher than I thought.

Re: Time to leave US when I-539 is denied
 

FYI further, I have applied for change of status to F-1 and the classes have begun August 26th 2002 but I have not registered since I was told by the student advisor I cannot until I get my F-1 approved. Am I then OK by not attending classes though they have already begun since my I-539 is pending?