작성일 : 05/23/2018 03:18 pm
[기타] 서류문의
 질문자 : Kzinla
조회 : 2,408  


안녕하세요,
지난해 4월 j-1에서 f-1으로 신분변경을 하였고,
지난달 3월에 f-1 펜딩상태중에 추가서류 요청을 받았으나
응답하지 않았습니다. 그래서 현재 거절 서류가 왔는데,
제가 언제까지 미국에 체류가 가능한지 알고싶어서 원문 첨부합니다..
불체로 있고싶지는 않아서요.. 도움부탁드립니다. 감사합니다!

April 26, 2018

Dear Sir or Madam,

On April 17, 2017, you filed a From 1-539, Application to Extend/Change Nonimmigrant Status. This letter is notice of denial of your application. A detailed explanation follows.

Abandonment of Application.

Title 8, Code of Federal Regulation (8 CFR), sECTION 103.2(b)(8)(ii) states :
Initial Evidence. If all required initial evidence is not submitted with the benefit request or does not demonstrate eligibility, USCIS in its discretion may deny the benefit request for lack of initial evidence or for ineligibility or request that the missing initial evidence be submitted within a specified period of time as determined by USCIS.

8 CFR 103.2(b)(13)(I) status :
Failure to submit evidence or respond to a notice of intent to deny. If the petitioner or applicant fails to respond to a request for evidence or to a notice of intent to deny by the required Date, the benefit request may be summarily denied as abandoned, denied based on the record, or denied for both reasons. If other requested material necessary to the processing and approval of a case, such as photographs, are not submitted by the required Date, the application may be summarily denied as abandoned.

You were admitted to the United States as a/an J-1 nonimmigrant on April 1, 2017, and were granted an authorized period of stay of Duration of Status which expired when your J-1 program completed on April 17, 2017 On April 17, 2017, you submitted From I-539, Application to Extend/Change Nonimmigrant Status, requesting a change of status.

USCIS reviewed your request for a change of status and determined that you needed to submit additional information to establish your eligibility for the requested benefit. On February 9, 2018, USCIS issued you a Request for Evidence(RFE) and you were granted until March 14, 2018 to respond and submit the requested evidence.

You have not responded within the allowable period of time. Submission at this time of the information or evidence previously requested will not serve to overcome this decision.

Therefore, your application is considered abandoned and USCIS denies your request.

A denial due to abandonment may not be appealed. However, there are limited motion rights. You may file a motion to reopen a petition or application denied due to abandonment with evidence that the decision was in error because :
1. The requested evidence was not material to the issue of eligibility ;
2. The required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was compiled with during the allotted period; or
3. The request for additional information or appearance was sent to and address other than that on the application, petition, or notice of representation, or you advised USCIS, in writing, of a change of address or change of representation subsequent to filling and before USCIS's request was sent, and the request did not go to the new address.

30 Day gap
Title 8, code of Federal Regulation (8 CFR), Section 214.2(f)(5)(I) states, in pertinent part :

  ... An F-1 student may be admitted for a period up to 30 days before the indicated report date or program star date listed on [his or her] Form I-20 ...

Title 8 CFR, section 248.1(b) states, in pertinent part :

  ... a change of status may not be approved for an alien who failed to maintain the previously accorded status or whose status expired before the application or petition was filed ...

The Certificate of Eligibility for Nonimmigrant F-1 Student Status (Form I-20) that you submitted lists your program start date April 24, 2017. At present time, a search of the Student and Exchange Visitor Information System (SEVIS) shows your F-1 program start date as April 9, 2018. Your nonimmigrant status expired on April 17, 2017, which is more than thirty days before the report date or program start date. USCIS may not grant a request for a change of nonimmigrant status to that of an F-1 student that is effective more than thirty (30) days before your report date or program start date listed on your Form I-20.

Because you filed this change of status request before the expiration of your initial period of authorized stay, this application is considered timely filed. However, your initial period of authorized stay expired on April 17,2017, more than thirty days before your report date or the start of your student program. As such, these additional days are in excess of the statutorily required period and result in your failing to maintain a valid nonimmigrant status, as required.

Therefore, your application is denied. This decision is without prejudice to consideration of subsequent applications to extend/change nonimmigrant status filed with USCIS.

WARNING CONCERNING UNLAWFUL PRESENCE

Please be aware that, under section 212(a)(9)(B) of the immigration and Nationality Act(INA), an alien who accrues more than 180 days of unlawful presence in the United States, and then departs, is inadmissible to the United States for a period of either three years or ten years.

You may remain in your current nonimmigrant status until the expiration date indicated on your Form I-94, Arrival-Departure Record. However, if the date listed on your Form I-94 has already passed, this Notice of Decision may leave you without lawful immigration status and you may be present in the United States in violation of the law.

This decision may not be appealed. However, if you disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or a motion to reconsider by completing a Form I-290B, Notice of appeal or motion. A motion to reopen must state the new facts to be considered and must be supported by affidavits or other new documentary evidence. A motion to reconsider must show that the decision was legally incorrect according to statute, regulation, and/or precedent decision.


혹시 다른 방법으로 비자변경은 가능한지 살포시여쭙니다.

감사합니다 좋은하루되세요!

이용진 변호사의 답변 05/24/2018 05:58 pm
 
* 비밀글 입니다.
 
 

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