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Can I stay in the US while preparing an RFE reply?

Key answer

An RFE by itself gives you no status: you can stay only while your current lawful status is valid, and that status has to be maintained separately. The usual pattern in the chat is to hold another status in advance (a student status or an extended tourist stay) so that a denial after the RFE does not leave you out of status. Switching to studies after a denial is risky: approval can take long, and you must apply from a lawful status.

Community answers

The answers below are translated from the original Russian - the language of the community chats.

  • If you received a denial and decided to go study only after that, the time it takes to get approval for a student status can be unpredictably long. Plus, you need to apply for a student status from a legal status in the USA, not after it has ended.

  • There are plenty of such cases in the chat. People, knowing they might be denied, immediately maintain student status and are not afraid of a denial: they just return to it and prepare a second application while the status is active.

  • A friend's response to an RFE was not accepted, so he left: two criteria were counted, but three are needed. I also had an RFE, but I extended my tourist status and was in legal status throughout the review period.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

All questions on: RFE and denialsAll questions on: Process and timelinesAll questions on: EB-1AAll questions on: Green card

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A reference page built from community experience, not legal advice. Requirements and practice change - verify on uscis.gov.

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