B2 to F1 visa transfer denied - next steps?

[hellosujay]

My brother is 17 yrs old and he initially came to visit United States (Seattle, WA) and later decided to continue his high school studies here. He got his I-20 from a private school and we applied for his visa transfer from B2 to F1 supplying all necessary documents and proofs. I am his financial support & local guardian; i am 28yrs old and work here on H1-B visa and we both hold Indian citizenship.

My brother was attending school as a visiting (un-registered) student but on Friday (Dec'31th), we came to know online that his visa application has been denied. We dont yet know the reason behind the denial until we receive the letter by post.

The worst part is that his visiting date on B2 was upto the end of Oct'10. Now he is out-of-status. I really want to find a way to keep him here or else his career would be at stake. Any guidance/advice/next step suggestions would be of great help.

Thanks in advance,
Jay

[txh1b]

No-option as he is already illegal and not out of status. If you continue to harbor him and provide for him, it is a felony.

[hellosujay]

Hi,

Thanks for your advice, but is there no way out? I understand that it wont be straightforward but if you can suggest a way to deal with the situation that would be great!
Also, if in the worst case he has to leave the country, how much time does he have for that?
Thanks!

[kabkaba]

He should leave asap. He is accruing illegal time already (from I-94 end date) and this will affect any of his future Visa applications. His B2 Visa is void and he must get a new one next time.

[hellosujay]

how is his B2 visa void?

They have no where mentioned any impact on his existing visa, how did you assume that his B2 visa is void? Can you point me to any legal notes explaining the situation?

[kabkaba]

Search for 8 CFR on USCIS website.