Results 1 to 4 of 4
  1. #1
    Join Date
    May 2012
    Location
    West Hartford, Connecticut, United States
    Posts
    5

    Default International Travel While Awaiting Outcome of Change of Status Appeal

    I was on F1 for a year, and after I finished classes, during my grace period I applied for a status change for a B1, and got declined. There was a note that I can fill the reconsideration within 30 days, which I did. Now I am waiting for a decision again.

    I want to leave US in the end of July anyway, even if my visa will be changed. I read that it takes up to five month to review the case, and my question is - can I leave the country if my case is still in the process, or I need to wait for the decision in the USA? I was told that I can not do it, because I already stayed over my F1 grace period and it will cause problems if I leave before my status is changed.

    Thank you!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: International Travel While Awaiting Outcome of Change of Status Appeal

    can I leave the country if my case is still in the process
    You really shouldn't, because if problems with the appeal arise, you may end up stuck outside of the US until they are sorted out - and it's much harder to sort out the issues from abroad.

    If you overstayed your grace period by less than 180 days, you MIGHT be eligible to apply for permission to travel (advance parole). You will need to discuss your situation with an immigration attorney in your area to review your options.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: International Travel While Awaiting Outcome of Change of Status Appeal

    Basically, you have indicated that your authorized stay has ended and that you remain in the U.S. only by virtue of the pending petition for COS. If you leave you will not have a visa that permits reentry and thus, unless you are eligible for visa waiver or already have a visa, you won't have the legal right to reenter the U.S.

    Leaving isn't a problem - the problem is getting back in.

  4. #4
    Join Date
    May 2012
    Location
    West Hartford, Connecticut, United States
    Posts
    5

    Default Re: International Travel While Awaiting Outcome of Change of Status Appeal

    Thank you for reply!
    I am not planning to come back in the next couple of years. I guess I should have formed my question better. If I will leave now, will I have any problem in the future with getting a tourist/ student visa?

    1. Sponsored Links
       

Similar Threads

  1. J Visas: Changing Status from J1 to F1 While in the States and International Travel
    By krisivn in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 04-05-2012, 11:30 AM
  2. H Visas: Travel and Abandonment of Change of Status
    By tkhan in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 02-03-2009, 03:03 PM
  3. Denial & Appeals: Awaiting Appeal - Florida
    By sparks35 in forum Employment and Labor
    Replies: 1
    Last Post: 11-11-2008, 04:57 PM
  4. Denial & Appeals: Denied Unemployment and Awaiting Appeal Decision
    By Emspro20 in forum Employment and Labor
    Replies: 6
    Last Post: 10-23-2008, 09:06 PM
  5. Asylum: May an asylee on appeal marry a U.S. citizen and change status?
    By asylee in forum Immigration Issues
    Replies: 1
    Last Post: 10-23-2005, 10:33 PM
 
 
Sponsored Links

Legal Help, Information and Resources