Legal Question in Immigration Law in New York

I just graduated with an MBA. My i20 is expired now but my student visa is still valid. My OPT was denied. Can I apply for a visitor's visa so I can stay legally?

Asked on 9/13/13, 3:37 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

The problem with applying for a change of status is that usually the I-539 takes longer to adjudicate than the approved period in B-2 status will be, so the applicant usually ends up accruing illegal presence.

You have a 60 day grace period from the date your F-1 status theoretically terminated (i.e., date you graduated or dropped below full time student status), so that might be all you need to tie up loose ends & return home.

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Answered on 9/16/13, 10:57 am

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