Legal Question in Immigration Law in Massachusetts

I have started my masters in fall 2015. I am currently on L2 visa. I have applied for F1 COS and got an approved letter - but the COS will be valid from sep 2016

I would want to go to my home country and convert my visa to f1. My university suggested me the following options and risks:

Option 1. Go to home country now and apply as a fresh visa ( COS gets cancelled)

Advantages: If visa is accepted , I could back to US on F1 student.

Disadvantages: The advisors in my university told me I could be subject to adminstrative processing which could go beyond 3 months ( because I already applied and got an approval for COS f1 status) . However I need to report to university by Sep 1 or will be terminated.

My doubt for option 1:

1. What are the pros and cons of applying for F1 visa after approval of COS and before start date of F1 status.

2.Generally on what reasons are people subjected to administrative processing?

Option 2. Continue staying in the country and my status would be active from September 1. And i could go in december vacation.

My doubts for option 2:

By the end of december - I would have only 1 course left.From what i read the chances of rejection are higher as the course list gets lesser.

Also, my l2 is expiring in april 2017, and i would need to convert my status before that.

Also, for Option 2, if my visa is rejected, I would still have to apply again and again may not be able to return within the university due date.

From the provided options - I see there are risks in both and im confused in trying to chose an option.Please help me if my understanding for each option is right and which would be more feasible to go for? OR is there a better option which i am missing on?

Asked on 5/23/16, 9:09 am

1 Answer from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call us at (212) 968-8600. Kind regards, RDM

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Answered on 6/09/16, 11:50 pm

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