Can I apply for a B-1/B-2 visa when my previous F-1 visa has expired but my SEVIS record has not been released?
I finished my studies and left the US (all within grace period). I was going to further my studies, so I applied for another school and requested a transfer from my current school to the other. My Student & Exchange Visitor Information System (SEVIS) record was supposed to be released 12/31/2016 but, because of this transfer request, this date was to be determined.
I was accepted to the new school, and was required to complete the transfer process, by asking my current school to transfer my SEVIS to the new school. I never did that because I changed my mind.
Now I just want to go back to the US to attend my friend's wedding and leave after, and I'm applying for the B-1/B-2 visa. The problem is that it's the holidays right now and I couldn't ask the international counselor to release my SEVIS record.
Would it be a problem for the visa interviewer to grant my B-1/B-2 if my SEVIS hasn't been released?
Best Answer
Yes it would be a problem to be issued a B1/B2. You need to fix this situation ASAP to preserve a good immigration history with the USA.
https://www.ice.gov/exec/sevp/Module6.htm
For transfers, if the transfer student does not report to the school, manually terminate the record for reason of Transfer Student - No Show, within 30 days of the program start date. If the record is not terminated within 60 days of the program start date, SEVIS will initiate an automatic system termination.
The chances are high that your SEVIS has already been terminated without your knowledge. A SEVIS record showing termination for unauthorized withdrawal may delay or prevent future entry into the United States. That is the situation you are very likely in now.
If the consular checks and finds out that your SEVIS status has not been terminated, he will either defer issuing you the visa until you get it resolved, or some unreasonable consular may deny you the visa just based on that technicality.
If you SEVIS is not terminated it essentially implies you are still in F1 status and enrolled as a student. You can have multiple visa stamps in your passport however, you can only have one status at a time while in the US. Allowing you entry on B1/B2 would imply USCIS systems are conflicting with one another thus any immigration official would want your SEVIS terminated before entering the USA. Even if you were issued the visa, you would very likely have problems at POE.
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Can I stay in the US with an expired F1 visa?
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