回复：急问，在线等，F1转F2被拒

今天收到移民局的信说F1转F2被拒

说6月-8月我没有合法身份

经过是这样的

我6月前是F1学生， 然后因为老公转学校，随即也办理了转学校， 也收到了所转学校

的offer

但是我在8月因为家庭原因没有去所转学校报到，而是直接向移民局申请F1转F2

因为没有所转的新的学校的I-20, 移民局认为我的合法身法早在以前学校取消我的f1身

份时已经不合法

现在该怎么办？要求我在收到信件33天补充文件进行说明

在6月-8月我是有新学校的offer的，只是开学了没有去file,而是直接申请转f2

我现在再去新学校要我的I-20证明我在6月-8月是有学校的么

还是怎么向移民局说明呢

我有旧学校的SEVIS transfer request

和新学校的 letter of acceptance.

-The letter of acceptance will not work, and you should have got the I-120 at that time. Because you did not get the I-20 at that time, the new school did not put your F-1 transfer information into the SEVIS. Thus, USCIS found that you have been out of status. Because you have been out of status for > 5 months, you can not do the F-1 transfer any more.

Have you finished your study program in the old school or just did the F-1 transfer during your study? If you had finished your study program in the old school (e.g. got the Bachelor or Master degree there), then you had 60 days of F-1 grace period and thus, you can explain it to USCIS that you filed the change of ststus during the F-1 grace period, and you will be OK. Otherwise, you have two choices:

1. Ask the new school whether they can help you to reinstate your F-1 status (if you want to study). But the risk for this choice is USCIS may not approve your F-1 reinstallation. Anyway, ask the new school International Student Office and they have more expeirence than me.

2. You may just go to China to get the F-2 visa to come back. Bring your F-2 filing receipt with you to prove your legal stay in US since you finished the F-1 study at the old school. The risk for this choice is that your F-2 visa application may be denied.

 

Here is some information on F-1 reinstallation for your reference:

From:

http://www.hooyou.com/f-1/faq.html

Q: If an alien student is out of status, how can he reinstate his status?
A: In order to request a reinstatement of his F-1 status in this situation, the following items must be submitted to the USCIS:
1. Form I-539 (with notation, in red ink, on the top right hand portion of the form indicating that it is being filed for reinstatement purposes);
2. Form I-20;
3. Form I-94 (for student and each family member);
4. Supporting statement; and
5. Filing fee.

The supporting statement must explain the following:
1. The violation of F-1 status was solely due to circumstances beyond the control of the student or, alternatively, that a failure to reinstate would cause extreme hardship to the student;
2. The student will pursue (or is pursuing) a full course of study;
3. The student has not been engaged in any unauthorized employment; and
4. The student is not in removal or deportation hearings