In order to change status from B visitor to F1 or M1 student, the applicant must file his or her application, with fee, on the Form I-539, Application to Extend/Change Nonimmigrant Status. Please see our full overview of change of nonimmigrant status to learn more about the Form I-539 [ see article ].
Full Answer
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 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.
Can I Change my B1/B2 visa to student status?
If a person already has a B1/B2 visa, they can get their B1 non-immigrant visitor status changed to student status, under Section 248 of the Immigration and Nationality Act (INA) and regulations in 8 CFR 248.1, under certain circumstances. Fortunately, this is not a novel thing.
How to file a change of status for a B1/B2 visitor?
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 visa from B1 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 change my B1 B2 visa to F-1 in USA?
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 long does it take to change from B1 to F-1?
If a person enters on a B1/B2 visitor visa, generally the person is given 6 months of time or “status” to be in the US after successfully completing inspection. After a recommended waiting period of 90 days to file an application to change status to F-1 student, that leaves the person in status for only 3 more months.
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 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 convert my US visitor visa to student visa?
Yes, a B2 tourist visa can be changed to an F1 visa.
Can I apply for F1 visa while in the 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.
Can I change my visa status in USA?
In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States in an eligible nonimmigrant status, your nonimmigrant status remains valid, you have not violated the conditions of your status and you have not committed any crimes that would make you ineligible.
How much is the Sevis fee for F1 visa?
$350Fee AmountsDescriptionAmountI-901 SEVIS Fee F or M visa applicants (full payment)$350I-901 SEVIS Fee J visa applicants (full payment)$220I-901 SEVIS Fee special J-visa categories (subsidized payment)$35I-901 SEVIS Fee government visitor (no payment)$0Jan 7, 2021
Can I stay in the US while waiting for change of status?
The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).
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 ...
What if My Current Status Doesn’t Allow Me to Enroll in Classes?
If you are requesting to change from another nonimmigrant status to F or M student status and your current nonimmigrant status does not permit you to enroll in classes, do not enroll in classes or begin your studies until USCIS has approved your change of 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 designated school official (DSO) at your new school. If USCIS does not grant your request to change status prior to the start date of classes, you may need to defer attendance and wait until the following term in order to begin your studies at the school in F or M status.
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 ...
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.
How to Change Status from a B2 to an F1 Visa?
If you indeed entered the United States as a visitor with no intention of studying but later became interested in a study program, then you can apply for changing your visa status from visitor to student.
What are the requirements to transition to a B2 visa?
Those are: You were lawfully admitted into the United States on a non-immigrant visa (in this case, on a B2 visa) You are not inadmissible into the US under the law and have no inadmissibility waived.
What is a B2 visa?
The B2 visa is among the most common visas issued to non-immigrants. This is also known as the Visitor visa and allows individuals to enter the US and stay for a short, specific amount of time. This is mainly used for tourism, visiting your family and friends, or medical treatment purposes. Certain athletes and individuals coming in to attend social conventions are also granted a B2 visa.
What is the best visa for a B2 student?
If you want to come on a B2 visa but also want to study somewhere down the line, a B-2 Prospective Student Visa is the best bet. The main advantage of this special visa is it eliminates the “Preconceived Intent of Study” concern. By getting a Prospective student visa, you already show that you have the intent to take up courses when you’re in the United States.
How long does a temporary visa last?
This is temporary in nature with a validity of somewhere between 1 month to 10 years. After it has expired, you’re no longer permitted to stay in the US and have to return to your native country.
How long does a B2 visa last?
This is temporary in nature with a validity of somewhere between 1 month to 10 years. After it has expired, you’re no longer permitted to stay in the US and have to return to your native country.
Is the immigration process tough?
Posted by Frank Gogol. The United States immigration process is tough and competitive. On the other hand, it also allows you to switch between certain visas. Tens of millions of people apply for visas each year. The majority of them are tourists who come into the United States for a short period.
How long can I stay in the US with a B visa?
B visas allow you to stay in the US for up to 6 months. F visas allow you stay in the USA as long as you maintain a valid I-20 form and a passport (Even if your F visa expired). Once your I-20 expires, you have 2 months of grace period to leave the states and a 5 month period to transfer to another instution. Requesting to stay for longer wouldn't work because both of these visas are for “non-immigrant use only”. Wanting to stay for a longer period may disqualify you for receiving another non-immigrant visa in the future and may also put your B1 visa status in jeapordy. I recommend exiting the US and entering again with your tourist visa. A request to extend your stay will take long, maybe even 2–3 months when your B visa only allows you to stay for 6 months. If you're thinking of finding a job, you can do an OPT and start a working for a certain period of time without renewing a visa, or extending your stay.
What does it mean to be on a visitor visa?
Of course, entering on a visitors visa means that when you obtained that visa and upon entering the United States your 'intent' was non-immigrant - that is, your intent was and is to return home after your temporary stay; you've also agreed to abide by your visa's specific limitations and requirements. For example, B-1/B-2 status does not allow employment. That said, in the real world it is fully understood in the law that entrants after they have been here for awhile may have a change of mind about th
What does Section 214 B mean?
Section 214 B, basically means, You are not able to demonstrate your intention of your visit (purpose should be clear). Or you are not able to demonstrate strong ties to your home country (they want strong ties which will forced you to come back after the visit).
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.
