Visa-Faq.com

how to convert b1/b2 to student visa

by Carol Wiza Published 2 years ago Updated 2 years ago
image

If you are a B-1 or B-2 nonimmigrant and wish to study at a U.S. school, you must file a Form I-539, “Application to Extend/Change Nonimmigrant Status,” with the U.S. Citizenship and Immigration Services (USCIS

United States Citizenship and Immigration Services

U.S. Citizenship and Immigration Services is an agency of the U.S. Department of Homeland Security that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service, which was dissolved by the Homeland S…

) to change to either an F-1 or M-1 status and pay the required fee and include the required documents listed in the instructions.

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
U.S. Citizenship and Immigration Services
A Unified Social Credit Identifier is issued to registered companies and other types of organization by the Chinese government.
https://en.wikipedia.org › Unified_Social_Credit_Identifier
(USCIS)
. However, getting this request approved is anything but guaranteed.

Full Answer

Can a B1 B2 visa be converted to an F1 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 ].

Can a B-1 visa holder study in the US?

So, if you are in the United States on a B-1 or B-2 visitor visa and would like to study full-time, you must change your status to an F-1 or M-1 student visa before you enroll in, or begin, a course of study.

How to apply for a B2 visa as a prospective student?

In order to do so, the prospective student must state this as his or her intention at the consulate and present evidence that he or she will be eligible for student status. If the B2 visa is approved, it will be marked “prospective student” at the consulate [see 67 FR 18065 ].

Can a B2 visa holder apply for a change of status?

If an alien intends to use a B2 visitor visa to visit schools and subsequently apply for a change of status in the United States, he or she must explain this when applying for a visa at the consulate.

image

Can I change my B1 visa to student visa?

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 convert visitor visa to student visa in USA?

If you are in the United States on a visitor visa, you can still change to F-1 student status to reflect your new circumstances. If you want to do this, you will already need to have been accepted to study at a U.S. academic institution, and fulfill all the other requirements of the F-1 visa.

How long does it take to change visa status from 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.

Can you convert B1 B2 to F-1?

Yes, a B2 tourist visa can be changed to an F1 visa. The process is fraught with uncertainties but the possibility is still there. To get it done, one must know the terms and conditions that are needed to be furnished.

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.

How much bank balance is required for US student visa?

Cost. While there are no rules requiring a minimum bank balance to apply for a student visa for the USA from India, it costs approximately $500 USD to obtain your F-1 student visa.

Can B1 B2 visa be converted to green card?

A B-1/B-2 visa does not grant permanent resident status — it is a temporary visa – but the holder can apply for a green card. The maximum amount of time issued for a B1/B2 visa is 180 days. This visa allows for multiple entries into the United States.

Can I convert a tourist B1 B2 visa to a working visa?

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 a B2 visa holder apply for a work permit?

In order to work in the United States, the B2 visitor must obtain a change of status to a category that permits employment [see change of status].

Can you switch from B2 to F-1?

Both B2 and F1 visas are categorized as nonimmigrant visas. Therefore, you can always switch from B2 to F1.

Can I apply for F1 visa in USA?

It is the most popular type of student visa for students seeking to study at a US university or college, and you can only apply for your F-1 visa after an accredited US institution accepts your application. As a F-1 student, the duration of your stay will vary based on the program in which you enroll.

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 on a visitor visa?

The only situation in which a student may use a Standard visitor visa to study a programme that will not be completed within their 6 month stay, (other than for an English language course) is where a student is undertaking distance learning.

Can B1 B2 visa be converted to green card?

A B-1/B-2 visa does not grant permanent resident status — it is a temporary visa – but the holder can apply for a green card. The maximum amount of time issued for a B1/B2 visa is 180 days. This visa allows for multiple entries into the United States.

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 you switch visa types?

For most economic routes, it is possible to switch from any visa, other than those listed above, as long as you are able to meet all other requirements for the particular visa you want. However, some categories are stricter.

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, ...

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 form do I need to change my status to an F-1?

If you are a B-1 or B-2 nonimmigrant and wish to study at a U.S. school, you must file a Form I-539, “Application to Extend/Change Nonimmigrant Status ,” with the U.S. Citizenship and Immigration Services (USCIS) to change to either an F-1 or M-1 status and pay the required fee and include the required documents listed in the instructions.

How long does it take for USCIS to approve I-539?

USCIS may only approve your Form I-539 change of status request if you are maintaining your B-1/B-2 status up to 30 days before your program’s initial start date .

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, “Certificate of Eligibility for Nonimmigrant Student Status,” contact the designated school official at your new school as you may need to defer your attendance to a later start date.

Can a B-2 nonimmigrant go to a B-2 school?

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.

Do you have to pay a separate filing fee for B-2?

Because extending your current stay in B-1 or B-2 status and changing from B-1 or B-2 to F-1 or M-1 status are two distinct benefits, you must pay a separate filing fee for each request.

Can I enroll in SEVP if I have an I-539?

While your Form I-539 is pending, you must maintain your B-1 or B-2 status and cannot enroll in your SEVP-certified program until USCIS approves your change of status request . Enrolling in a course of study as a B-1 or B-2 nonimmigrant, prior to receiving authorization, will result in a status violation and ineligibility to extend your B status or change to F-1 or M-1 status in the future.

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”).

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 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.

How many days before you can go to the US to get a student visa?

For example, if you hope to arrive in the US more than 30 days before the start of your studies, you will need to apply for a visitor visa instead of an F1 visa or M1 visa. Once you are in the US and your studies are thirty days or less away, you can apply for a student visa.

What is a visitor visa?

This visa allows visitors to take recreational courses of study, on a short-term basis, as well. If the course is short-term and takes fewer than 18 hours per week, you can generally travel on a visitor visa. However, you will need a student visa (F1 visa) if you want to study for academic credit in the US or if you want to attend conference, seminars, and other programs of study that take more than 18 hours per week. If you are a vocational student attending classes in the US, you may need an M1 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.

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.

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.

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.

Overview of B-1 and B-2 visa

A B-1 visa is a temporary business visitor visa and is issued to individuals participating in business activities of a commercial or professional nature in the United States. A B-2 visa is a temporary visa issued to individuals who are coming to the United States temporarily for leisure, vacation, or pleasure.

What You Need for an H-1B Visa

The H-1B visa has several advantages that make it a good choice for working in the U.S. It has relatively easy-to-meet requirements, allows you to stay in the U.S. for up to six years with extensions, and is highly portable.

Premium Processing

Premium processing is an optional service that expedites the processing time of visas and green cards that make use of the I-129 and I-140 petitions to 15 calendar days–this makes the H-1B a prime candidate, right?

How Our Immigration Attorneys Can Help

Making intricate visa transfers can be difficult even for the savvy applicant. With all of the paperwork, dates, and filing issues, it can be easy to make simple mistakes that will cost you and your employer both time and money.

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9