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Immigration Issues/F1 denial and options

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Question
Hi, on september 2013 my husband applied for F1 visa, he used to have H1B visa expiring on october 2013. Yesterday we received denial  notice online(we don't know the reason yet, until we get notice by mail). My question is: Do we have any chance to appeal this decision?
Thank you!

Answer
Hi,

The denial of a change of status application cannot be appealed. A motion to reopen/reconsider can be filed instead. However, the filing of a MTR does not authorize legal stay in the U.S., and unlawful presence will start to accrue from the date of denial of a change of status application.

Your husband should personally consult with an immigration attorney, as the repercussions of a wrong decision are too severe to rely on online advice.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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