How to convert B2 visa to F1 visa?
- You have to fill and then submit the Form I-539 Application through mail to USCIS. This form is to “Extend/Change Nonimmigrant Status”.
- Your form should be accompanied by all supporting documents that prove that you are eligible for an F1 visa. ...
- You should include a detailed letter that states why you want to get your visa status changed and how you arrived at this decision.
Can a B1 or B2 visa holder change to f1/m1?
There are numerous issues that arise with regard to change from B1 or B2 visitor status to F1 or M1 student status. Under 8 C. F. R. 248. 1 (c), a change of status application to F1 or M1 student need not be denied as a matter of course if the applicant began attending the school before applying for a change of status. However, notwithstanding 8 C.
How to apply for a change of status for a B2?
The change of status application is filed on the Form I-539. The B1 or B2 visitor must not have engaged in unauthorized employment prior to the change of status application. Obtaining a B2 Visa as a Prospective Student It is possible to obtain a B2 visa with the intent of changing to F1 or M1 student status.
How to apply for a change of nonimmigrant status to f1/m1?
All other B1 and B2 visitors may apply for a change of nonimmigrant status to F1/M1 student by filing the Form I-539, Application to Extend/Change Status. However, B visitors should be aware of the 30/60 day rule.
Do you have to bridge the gap for F-1 visa?
You are not required to obtain status all the way up to the date that is 30 days before your program start date (“bridge the gap”), provided that your nonimmigrant status is unexpired at the time of filing the change of status to F-1 application, and you otherwise remain eligible for a change of status.
Can I change B1 visa to F-1 in USA?
Under Section 248(a) of the Immigration and Nationality Act, the United States government allows for certain non-immigrant visas to be changed or converted to another type of non-immigrant visa. While the purposes for which each visa type is issued, the US allows for B1/B2 visas to be converted to an F1 visa.
How long does it take to change B2 to F-1?
The Trump administration put in place a policy specifically designed to increase the burden and cost of the B-2 visitor to F-1 student change of status process. Currently, USCIS takes approximately 10-12 months to process an application for change or extension of status, Form I-539.
How long does it take to change B1 visa to F-1?
Processing times for change of status in the US vary, so be prepared to wait three to six months to learn the outcome of your application. To review current processing times and your pending case status, visit the USCIS Case Status Service Online.
How can I change my visitor visa to F1 visa?
If you are in the United States on a visitor visa, and your status will expire more than 30 days before your program start date, then you have two options: you can request to extend your current status by filing another Form I-539 to USCIS, or you may leave the U.S. and apply for a F-1 student visa through consular ...
Can B2 visa converted to F-1?
All other B1 and B2 visitors may apply for a change of nonimmigrant status to F1/M1 student by filing the Form I-539, Application to Extend/Change Status. However, B visitors should be aware of the 30/60 day rule [see comprehensive article].
Can I study in USA with B1 B2 visa?
Per federal regulations, B-1 and B-2 nonimmigrants (i.e., visitors who are in the United States for business and pleasure purposes) are prohibited from enrolling in a course of study at a U.S. Student and Exchange Visitor Program (SEVP)-certified school.
Can I apply for F1 visa while in US?
You cannot apply for an F-1 or J-1 visa inside the U.S. Visas can only be obtained outside of the U.S. at a U.S. Embassy or Consulate. It is advisable to apply for the visa at a U.S. consulate in your home country, unless circumstances or travel plans make this impossible.
Will my B1 B2 visa be Cancelled when I apply for an F-1?
Your B-1/B-2 visa will not be cancelled if you decide not to continue with your F-1 studies in the U.S. and you promptly depart the U.S. thank you for your answer.
Can I hold F-1 and B1 B2 visa at same time?
Yes, as long as the visas are for different purposes. For example it is OK to have a B1/B2 (tourist/business) and F1 (student) together, but not OK to have two valid F1 visas.
How long does it take to get an F1 visa?
Processing with USCIS can take 6 – 8 months plus mailing time or longer depending on USCIS processing times. While the application is pending you may not leave the United States.
Can b1 B2 visa be converted to h1b?
As you could learn in the previous section, an immigrant can file the change of status application from B-2 to H-1B as long as you're in valid status, but certain obstacles may arise. Here is what you can expect if you want to request a change of status and get the new non immigrant status and how to deal with it.
Can I convert a tourist b1 B2 visa to a working visa?
Since you are not authorized to work in the U.S. while on B-1 or B-2 status, you must change your status to one that allows you to work in the United States.
Can I convert my US visitor visa to student visa?
Yes, a B2 tourist visa can be changed to an F1 visa.
Can I change my visitor visa to work permit in USA?
The answer is yes, you can, but should you? A change of status means a change in your intention. For example, when you obtain a visa and enter the USA, you would have expressed to the US government your intention of a brief visit. The change in such intention can be construed to be deliberate and preconceived.
Can I study in the US with a tourist visa?
A student visa (F or M) is required to study in the United States. Foreign nationals may not study after entering on a visitor (B) visa or through the Visa Waiver Program (VWP), except to undertake recreational study (non-credit) as part of a tourist visit. For more information on the VWP, see Visa Waiver Program.
How can I convert my b1 B2 visa to student visa?
If you are in the United States as a tourist (on a B-2 visitor visa), it is possible to change your status to F-1 student, by submitting a request to U.S. Citizenship and Immigration Services (USCIS). However, getting this request approved is anything but guaranteed.
How to apply for an F-1 visa?
Next, you will have to apply at a U.S. embassy or consulate for your visa to travel to the United States as a student. The next steps will differ depending on the embassy or consulate you apply through, but generally, you will need to complete Form DS-160, pay the application fee and schedule an interview. If your interview is successful, you will be issued a visa that will allow you to enter the U.S. on F-1 student status.
How long before school starts can I get an F-1 visa?
The F-1 student visa allows you to enter the United States up to 30 days before your school program starts. If you are in the United States on a visitor visa, and your status will expire more than 30 days before your program start date, then you have two options: you can request to extend your current status by filing another Form I-539 to USCIS, ...
How do I change my status?
If you’ve been accepted to study at a U.S.-based Student and Exchange Visitor Program ( SEVP)-approved school, congratulations! There are two ways you can change your status. One option is to apply directly to U.S. Citizenship and Immigration Services (USCIS) to adjust your status while your B-1/B-2 visitor visa is still valid. If you choose this , you will need to make sure you apply before your B-1/B-2 status runs out. Otherwise, you can also choose to apply for a student visa through consular processing from outside the United States.
When should I change my status from visitor to student?
When should I change my status from a visitor to a student? You should apply to change your status before your program starts. Bear in mind that if you are in the United States on a B-1/B-2 visa, you cannot enroll in classes or begin studying until USCIS has approved your change of status.
Do I have to wait for the I-539?
Once you have filed Form I-539, you will need to wait for USCIS to respond. While you are waiting, however, you will need to make sure that your original visitor status through your B-1/B-2 visa is still valid.
What is required to get an F1 visa?
It is important to remember that an applicant for an F1 or M1 student visa is required to demonstrate that he or she will have the necessary financial support to study in the United States. In the precedent decision in the Matter of Haddad, 10 I&N Dec. 785 (RC 1964) [ PDF version ], a change of status from B visitor to F1 student was denied, in part because the applicant failed to demonstrate that he would have the requisite financial support to engage in a full course of study. A B1 or B2 visitor seeking a change to F1 or M1 status should be aware that additional evidence will likely be needed to demonstrate having the requisite financial resources to be eligible for a student visa.
How to change status for B1 student?
All other B1 and B2 visitors may apply for a change of nonimmigrant status to F1/M1 student by filing the Form I-539, Application to Extend/Change Status. However, B visitors should be aware of the 30/60 day rule [see comprehensive article ]. The 30/60 day rule is an adjudicative principle used by the Department of State, and often referenced by the USCIS [see article on USCIS and the rule] which addresses when an alien “conduct [s] [him or herself] in a manner inconsistent with representations they made to the consular officers concerning their intentions at the time of visa application or to immigration officers when applying for admission.” Although the 30/60 day rule is not binding on USCIS, the USCIS will generally deny a change of status application sought within 30/60 days of entry as a B visitor (except in the case of a B2 “prospective student”). If the B visitor obtained a school certificate prior to entry, this will be considered evidence of “preconceived student intent.”
How long does it take for a B visa to change status?
Although the 30/60 day rule is not binding on USCIS, the USCIS will generally deny a change of status application sought within 30/60 days of entry as a B visitor (except in the case of a B2 “prospective student”).
How long can I stay in F1?
8 C.F.R. 214.2 (f) (5) (i) states that an F1 student “may be admitted for a period of up to 30 days before the indicated report date or program start date listed on the Form I-20.” USCIS interprets this in conjunction with 8 C.F.R. 248.1 to mean that an alien may not change status from B2 to F1 if his or her B2 status does not expire for more than 30 days before F1 status would begin. For this reason, a B vistor whose status is scheduled to expire prior to 30 days before his or her intended program start date must file a separate Form I-539 extension of status application along with a separate filing fee in order to maintain B status until the change to student status could be completed. Please see our full article on the subject to learn more [ see article ].
What form do I use to change my status?
The change of status application is filed on the Form I-539 . The B1 or B2 visitor must not have engaged in unauthorized employment prior to the change of status application.
Can I change my B visitor status after it expires?
In 2011, the United States District Court for the District of Maryland called the USCIS's position that the change of status application could not be approved after the expiration of B visitor status in Youssefi, v. Renaud, 794 F.Supp.2d 585 (D. Md. 2011) [ PDF version ]. However, no Federal circuit courts have adopted this view in a published decision.
What if My Change of Status Application to F-1 Nonimmigrant Student is Approved More than 30 Days Before My F-1 Program Start Date?
If we approve an application more than 30 days before your program start date, you must ensure that you do not violate your F-1 status. An example of a violation would be engaging in employment, including on-campus employment and practical training, more than 30 days before the program start date as listed on your Form I-20.
What is the F-1 status?
Individuals who are prohibited from enrolling in class must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in a course of study while in a status that does not permit enrolling in a class will result in a status violation. Individuals who have violated their nonimmigrant status by enrolling in a course ...
How to apply for a student visa in the US?
Until you receive notice of approval from USCIS, do not assume the requested status has been approved. Before USCIS may approve your application, you must take the following steps: 1 Apply to and receive acceptance from a U.S. Student and Exchange Visitor Program (SEVP)-certified school. 2 Obtain an initial Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, from the SEVP-certified school. The Designated School Official (DSO) should give change of status in the Issue Reason section of the Form I-20. 3 Pay the I-901 SEVIS Fee. 4 File a Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.
How long does it take for USCIS to change status?
If USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, contact the DSO at your new school. If USCIS does not grant your request to change status prior to the start date of classes, you will need to defer attendance and wait until the following term in order to begin your studies at ...
What is the DSO on I-20?
Obtain an initial Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, from the SEVP-certified school. The Designated School Official (DSO) should give change of status in the Issue Reason section of the Form I-20.
Is my non-immigrant status valid?
your nonimmigrant status remains valid; you have not violated the conditions of your status; and. you have not committed any crimes or engaged in any other actions that would make you ineligible for change of status. Until you receive notice of approval from USCIS, do not assume the requested status has been approved.
Can a nonimmigrant be extended to F-1?
Individuals who have violated their nonimmigrant status by enrolling in a course of study are not eligible to extend their status or change to F-1 or M-1 status.
3 attorney answers
A change of status to "B", if ultimately granted, will merely serve as a "band aid" and will not solve your problem as a whole. 6 additional months don't mean much in the grand scheme of things in your situation.
Giacomo Jacques Behar
You can try filing a change of status, but the B1/B2 will not keep you in the US for an indefinite period of time (certainly not the 4 years you mention until you adjust status). The B1/B2 may be granted, but you will still be admitted for a period of time that will likely not exceed 6 months.
William Elmer Niffen II
If you need to stay in the USA permanently or for a long time, do not use B2 as it would constitute visa fraud. If your desire is to have a short recreational visit, you can file USCIS I539 and pay the fees.
