What to do if I have just being denied my OPT student visa extension as it was received by the USCIS 2 days late?

The reason I held off submitting my OPT application was because I was still waiting to hear back from a college about final scholarship aid to start studying for my masters degree. I obviously aimed to get the application in on time but apparently didn’t. I was caught between waiting to see if I would be applying for another F-1 student visa through the college or go through with the OPT route. The denial letter states the decision cannot be appealed but a motion to reopen or to reconsider is possible. Would this be grounds for such a motion?

Asked on September 30, 2014 under Immigration Law, Kentucky

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can try but there is no guarantee.  They will not really care too much about the reasons for the delay since it is very clear that if the application is not submitted in a timely manner, it cannot be reviewed.  You should have submitted it on time even if it meant paying the filing fee which might be a waster after the fact (if you had chosen to get a new F-1 status) but this is not really something USCIS is going to be concerned with.


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