Legal Question in Immigration Law in Utah

I'm currently in the US on an F2 visa. I applied for a change of visa status, from F2 to F1, because I wanted to study. My application got denied because I was not able to establish that I have sufficient financial support for my studies.

Do I fall out of status of my F2 visa because my application was denied even though my spouse's F1 is still valid?

The last paragraph of the Notice of Decision that USCIS sent me states:

"USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of Form I-539 leaves you without lawful immigration status and you are now present in the United States in violation of the law. You are required to depart the United States within 30 days from the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the United States. Also, as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby cancelled."

I don't understand this. I have not violated the terms of my F2 visa. Shouldn't my F2 visa remain valid as long as my spouse's F1 visa is still valid?


Asked on 2/10/10, 8:55 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

I need to know more about your situation and possibly see a copy of the form I-539 that you've submitted and a copy of the denial letter in order to advise you.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 2/16/10, 9:47 am


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