回複：急問, 肯請８６３２１１ 幫忙, 還是關於我兒子的身份問題

來源: 863211 於 2010-08-01 07:52:36 [] [博客] [舊帖] [給我悄悄話] 閱讀數 : (2389 bytes)

Today I received USCIS letter to deny my son’s F-1 application from F-2. The reason is that my F-1 status was terminated on March 9. I just find this problem last week (on July 20)and file my I-539 immediately to reinstate my F-1.

Because my F-1 was terminated early than the file date of My son’s F-1 application (April 27), the USCIS deny my son’s F-1 application and require my son to depart US (the decision was made on July 16). This letter also talks about that my son can file I-290B with one month of this notice date.

My question are:

1. Whether my son needs to leave USA now so that it will influence his future reentering.
-He can choose to leave US to get the F1 visa in China and this is the fast way for him to get the F1 status.

But if you also file the F2 reintatment for him with your F1 reintatment together, he also can choose to stay in US and then, change the F2 to F1 after his F2 reinstates.

2. From when is my son considered illegally stay, July 16 of March 9?
-He can legally stay until the date USCIS requests him to leave (one month later) though he was out of status in March. But if he does not leave US and he gets his F2 reinstated with your F1 reinstatment, his status gap (out of status) will be automatically filled like your F1 status after his F2 reistatment.


3. Can he file I-290B to ask reconsidering his case and ask for staying in USA for some time until my F-1 statue is reinstated?
-I-290B normally needs to be filed in one month after the case denied, so I do not think he has enough time to wait for your F1 reinstatment and then, file I-129B.


4. After he file I-290B, is he still considered illegally stay?
-Yes. But if he files the I-129B now, he can not win.


5. How big is the possible the I-290B get successes?
-No way to win.
If the I-290B get denied, what is the result?
-His unlawyful presence will accrue with the I-129B pending time.


6. How long is the I-290B processing time?
-Normally2 to 3 months.

7. Will deny of my son’s F-1 influence his F-2 reinstatement after my F-1 get reinstated in the future?
-No affect. But He do not need to file the I-129B as above reason.


8. Can he apply F-1 again after his F-2 get reinstated in the future?

Thank you very much. We appreciate your help.

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