help, the immigration gave me false information

[camilla]

Hi, I entered the United States in a B1/B2 visa.
before my i94 expired (March 27, 2017), I applied for a change of status to F1 on first week of March.

Then hurricane Irma was coming to Florida and my parents were insisting that I leave because they were really worried.
So I called USCIS twice and both times they told me that I won't be having any issue if I leave the country while my application is pending.
I clarified and repeated several time that my i94 expired on March 27, 2017 and I'll be evacuating.
Both ladies told me that I can leave the country and come back anytime. My application will still be processed while I was away.


After 2 weeks, my boyfriend who is lives in the US received a letter that my application is denied because I left, meaning I abandoned my application.

Can I still fly back? Is my B1/B2 visa voided? Can I appeal to immigration because of the false information?

Thank you in advance

[newacct]

Hi, I entered the United States in a B1/B2 visa.
before my i94 expired (March 27, 2017), I applied for a change of status to F1 on first week of March.

Then hurricane Irma was coming to Florida and my parents were insisting that I leave because they were really worried.
So I called USCIS twice and both times they told me that I won't be having any issue if I leave the country while my application is pending.
I clarified and repeated several time that my i94 expired on March 27, 2017 and I'll be evacuating.
Both ladies told me that I can leave the country and come back anytime. My application will still be processed while I was away.


After 2 weeks, my boyfriend who is lives in the US received a letter that my application is denied because I left, meaning I abandoned my application.

Can I still fly back? Is my B1/B2 visa voided? Can I appeal to immigration because of the false information?

Thank you in advance

Your visa is not voided. You can still use it.

Leaving the US while a pending Extension of Status or Change of Status application is pending automatically abandons it, because you don't have "status" outside the US, so there is no longer any "status" to extend or change. The next time you enter the US, you will enter on the basis of a visa anyway, and get a new status.