Student Denials - More Information

 

Several months ago, we began representing over 40 students in their denials of I-539 change of status applications (predominantly B-2 to F-1). These cases have been denied by the CSC, based on the fact that the deferred Program Start date listed in SEVIS is more than 30 days after the expiration of the applicant’s B-2 status. 

In all of these cases, the initial I-539 was timely filed prior to expiration of the applicant's prior nonimmigrant status, but the DSO (Designated School Official) was required to defer the attendance of the applicant since the change of status was not adjudicated prior to the Program Start date, as noted in SEVIS and on the I-20. 

The one thing in common that these applicants have is that their change of status applications were transferred from the Vermont Service Center to the California Service Center.

This has led to a crisis for many of these students who have now fallen out of status, have accrued unlawful presence and there is mounting anxiety among this group. To better address this problem to the USCIS, we have created a support group called “Student Advocacy Group”.