Legal Question in Immigration Law in Texas

Actually I am student and my OPT expired on dec 20th and now I am in grace period. My application is in USCIS for change of visa status from F1 to F2 from my husband side as he is applying for F1. Chnage of status was filed on nov 4th but we have not heard from them yet so its killing us. Now we have some confusions

Can I go in school and apply for F1 as deadline for jan admission is soon caz we might hear from immigration late and we might go out of status as my husband is now on my F1?

For admitting to the school do I need to withdraw my f2 application from USCIS and if yes how long it will take n what is the process?

third question, as I am in grace period may I wait till mid of jan and then only go to community colleges and get I-20 for may admission?

I have heard that in grace period u can take i-20 for 5 month period, is that from expiration of OPT to starting of class or registration of class?

Or what else do u suggest to be in status when my file to change my status to F2 and my husband is F1 is in immigration and our grace period is already started?


Asked on 12/26/09, 8:50 pm

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

I would not apply for F-1 now, though you might withdraw the F-2 application, but be sure to do this in conjunction with the foreign student advisor at your old and new school and with counsel to be sure it's done in the right order and correctly. If not done correctly, you could find yourself in violation of your status once the grace period ends. Some of your concerns are not clear to me based on the wording of one of your questions.You may contact me directly at [email protected] or 818 609 1953 for further information.

The above is general information and not legal advice to be relied on in your case. An attorney client relationship is created upon mutual agreement in writing.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law

Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 1/08/10, 6:43 pm


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