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Currently in the U.S. in F2 status. I got admitted to a school and would like to obtain F1 status in order to be a full time student. 1. Change of status within the U.S. — if COS is denied, is my F2 status affected? Will I be able to remain as F2 and be enrolled as part time student if my COS to F1 is denied? 2. Visa appointment in home country — is visa is denied, would I still be able to go back into the U.S. with my F2 visa, or will this status be cancelled? 3. To go from F2 to F1, do I have to transfer SEVIS ID/is the SEVIS ID the same or will I get a new SEVIS with my F1 I-20?
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Immigration and Nationality Law Attorney serving New York, NY
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As long as you are still married to the F-1 holder, the F-1 holder is maintaining status, and you are not in violation of your present status, a denial of change of status would have no effect on your F-2 status. If you go back home and attempt to apply for a F-1 visa, there is no guarantee that the F-2 visa will be left alone if the F-1 visa is denied. That would be up to the consular officer. On your third question, I am not sure whether you would get a new SEVIS ID when you get the new F-1 I-20 – you can ask the DSO that question as he or she handles I-20 changes a lot and likely knows the answer off the top of his or her head. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 16th, 2020 at 2:15 PM