Change of Visa status

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Meggs

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I have B-2 visitors visa, and in case I don't have time to do the paperwork for my F-1 visa at home. I'm thinking about coming to the US as a visitor and then while I'm already here, apply for a change of status (to the F-1 visa).

Is this illegal, or tricky, or hard to obtain, or will take way to long time, or will cause me legal problems later on, or there's anything about this that I need to know??

UOP takes wayyyy tooo loonnggg to do anything, as a matter of fact they haven't yet released the new prices for this year entering class. And thus we haven't been able to get loan pre-approval, much less get the I-20. So chances are I'll be running agaisnt time in May or June.

Also, I've had student visa before (J-1) and have had B-2 visa since I'm a kid, never staying in the US longer than a couple weeks, never doing anything that will make me look bad or suspicious. I thought this info might help you tell my Dx. :p

Rajkang you seem to know a lot about this, what's you "diagnosis" :p in my case?

Anyone else.......

Thank you.

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I forgot something else about the F-1 visa.

The people who have done it, how did you prove to them that you have the intention of going back to your home country?

If you haven't done, how do you plan on proving it?

That's tricky one.
 
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Hi meggs,

As far as i know it would be really tricky to change from a B2 (temporary visitor for pleasure ) to a F1 visa . Here is a quote for the U.S Gov Webpage.
The visitor visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2). Persons planning to travel to the U.S. for a different purpose, such as students, temporary workers, crewmen, journalists, etc, must apply for a different visa in the appropriate category. For additional info visit the site:WWW.uscis.gov.

One can prove by showing a job contract that needs you to go back, commitments like business, bank statements, properties in your name back in your country etc. might work out. Hope this helps.

Opal
 
Thanks Opal.

The thing is I won't be applying to B-2 visa and then misuse it, I already have it and when I applied for it, it was for the right reasons. I assume that entering in B-2, to change status later is not illegal. But that's only my assumption, I wonder how wrong am I ???
 
well i would suggest that u get ur F1 and come to usa, as change of visa status is hell difficult post sep 11th,
well INS is very strict with this, if u come in as B2 and if u have admissions in university and wanna apply for F1, than they wouls question u saying u had prior intention of joining school.. i was in same situation spoke to quite a fewq lawyers, and they sugested i woudl be taking chance by trying to change visa status..its 50:50, and waiting time for status change is aprroximately 3-6months i was told.... well why dont u go to ILW.COM and chat woth the lawyers they could sugest you..
all the best
 
Dear Megg
I have done a bit of research on changing visa types myself. I dont' know if it applies to your case scenario, but here is what I know:

If you come to US with a tourist visa and later switch to a student visa WITHIN the US, the tricky thing is, US government WILL let you switch visa type, but once your visa expires, you have to go back to your country to renew your student visa. At that time, the Ambassy would highly likely to deny your student visa renewal. The reason behind this is because you came to the US with tourist visa, the purpose of your trip was for tourism. The fact that you switched visa inside the US means that your purpose of traveling was different from the visa type you applied. It is considered cheating on the immigration service. so they can give you all kinds of trouble and deny your visa extension. I read about people who were in this kind of trouble even though they haven't finished the studies in th US, the embassy just wouldn't give them visa renewal because they were not " honest" about their purpose of trip. I am pretty sure about the accuracy of this information.

You might want to check with your embassay. I know that sometimes, some students want to come to the US to check out schools before they apply. So they can't get a I-20 ( because they haven't decided which school to apply) but they know they have the intention to study and switch visa. You could apply for a tourist visa that mentions that you have intention of studying in the US. The exact name of the visa, I am sorry I don't know. But I do know it exists from my country.


sorry I haven't read others' posting, in a hurry to go, just want to let you about this.
 
Thanks all you how repplied.

keynesisback,
Thanks for the links. I haven't had time to review them all yet, but I'll do it soon. And btw, welcome. :)

opal,
thanks for your prompt repply.

cooldent,
That portal is great link, thank you.

Rajkand and organic,
You guys are right, what you said does makes sense. I guess I'll have no other option but to wait on UOP.

Thank you all again.
 
hey guys is it possible to change form F2 to F1

would like your advise
 
I have obtained admission to do a full time graduate program which begins on August 28th,2004 and I need to change my visa status from F2 to F1. I plan to visit Singapore(PR) for 2 weeks in May and during my stay convert my status to US student Visa F1. I want to do this in advance since I will be joining my husband in switzerland for the summer just before my program starts.

I came across these rules:

I should apply for student visa only 3 mts before I start the program.

I can enter US only one month before my program begins.

Is this applicable for visa conversion from F2 to F1 ?

Will I be allowed to enter US to join my husband since I will have to return 3 months prior to my program?

I'm confused please help? :(
 
princess said:
I have obtained admission to do a full time graduate program which begins on April 28th,2004 and I need to change my visa status from F2 to F1. I plan to visit Singapore(PR) for 2 weeks in May and during my stay convert my status to US student Visa F1. I want to do this in advance since I will be joining my husband in switzerland for the summer just before my program starts.

I came across these rules:

I should apply for student visa only 3 mts before I start the program.

I can enter US only one month before my program begins.

Is this applicable for visa conversion from F2 to F1 ?

Will I be allowed to enter US to join my husband since I will have to return 3 months prior to my program?

I'm confused please help? :(
i have same problem ...and i want to get my status changed in US ..has anyone been through this procedure
 
meggs said:
I forgot something else about the F-1 visa.

The people who have done it, how did you prove to them that you have the intention of going back to your home country?

If you haven't done, how do you plan on proving it?

That's tricky one.


Yes, that would be a tricky thing, esspecially that you are going to the program that allowes you to get dental license in the US later. So it's pretty obvious that you are planing to settle in the United States. But, I guess there are ways to go arround this, even if sometimes it's not fear in regerds of the people that are permanent residents here.
 
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princess said:
Will I be allowed to enter US to join my husband since I will have to return 3 months prior to my program?

I have two words for you: Immigration expert. You can start at ilw.com, there's a discussion board there, post that same question there. :luck:
 
meggs said:
I have two words for you: Immigration expert. You can start at ilw.com, there's a discussion board there, post that same question there. :luck:
hi
can you just tell me how do we chat there?

ketu
 
ketu229 said:
hi
can you just tell me how do we chat there?

ketu

You don't chat there, at least not that I know of. It's a discussion board just like this one. You post a messagge and members repply to it. Some members are the experts that run the own and run the website, and some are just regular people that seem to know about the subject.

Actually they do a have chat, but is different, they're called "chat sessions" They schedule an immigration lawyer for say Monday at pm, then you login at that time. There's a moderator, that regulates the order in which people get to make questions. Of course this is public, so there are tons of people trying to get a chance and everyone get's to read their case.

I have never chatted, but I have read part of some interesting transcripts they post a few days later the chat session.

Like everything in an anonymous messagge board and chat room, you have to take everything with a grain of salt, specially if it's free. Now, if you pay for a session with an expert, that's a different case.......

Good luck! :luck:
 
I've also tried this : http://www.visalaw.com/chatlive.htm It isn't actually chatting, you just type your question and email, and later they'll get back to you with the response. Well, at least they did in my case, 'cause my question rather easy. But go ahead and try. You never know.

And this:

"If you have a question on immigration matters, write [email protected]. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here."
 
meggs said:
I've also tried this : http://www.visalaw.com/chatlive.htm It isn't actually chatting, you just type your question and email, and later they'll get back to you with the response. Well, at least they did in my case, 'cause my question rather easy. But go ahead and try. You never know.

And this:

"If you have a question on immigration matters, write [email protected]. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here."
thanks a lot meggs it is very helpful

regards
Ketu
 
Hi,
I was looking at the details for changing from F2 to F1 for myself sometime ago and this is what I found.
This is the information from Northwestern University Illinois and Cornell University New York. You can ask the university to which you have been admitted to or the University which issued you the original I20 for the F2 visa for further details and advice. Once you have applied for this change of status you cannot leave the US without withdrawing your application. Once you get the change of status approved, you can start your course but the next time you leave the US you have to get the F1 visa stamped from the US consulate, wherever you go. If you dont do this you will be refused entry into the US.


http://www.northwestern.edu/international/forms/Change_of_Status.pdf

http://www.isso.cornell.edu/immigration/cos.html

Hope this helps.

Take Care
Mrinalini
 
mrinalini said:
Hi,
I was looking at the details for changing from F2 to F1 for myself sometime ago and this is what I found.
This is the information from Northwestern University Illinois and Cornell University New York. You can ask the university to which you have been admitted to or the University which issued you the original I20 for the F2 visa for further details and advice. Once you have applied for this change of status you cannot leave the US without withdrawing your application. Once you get the change of status approved, you can start your course but the next time you leave the US you have to get the F1 visa stamped from the US consulate, wherever you go. If you dont do this you will be refused entry into the US.


http://www.northwestern.edu/international/forms/Change_of_Status.pdf

http://www.isso.cornell.edu/immigration/cos.html

Hope this helps.

Take Care
Mrinalini
thanks Mrunalini,

I will do it soon. Also I am thinking that I should go through the lawyer.
 
rajkang said:
If u apply for change of status then u can't go out of country while your petition is pending. My wife had applied for change of status and it took about a month to change it and my wife's friend has also applied to change the status and she is waiting for over 4 months now. Both cases were for change of status from H4 to F1. It is better if u change status in usa then going back.

But since your course is starting on April 28th, I dont understand how u can even sit in the class on F2 and then apply for change of status. If u do that then u'll be breaking many laws and probably barred from entering usa for 10 years to forever. Your case is messy, dont even think about going out of usa as u may not be able to come back in.
hi Rajkang

I have several questions for you when you had send application for change of status for your wife

Did you send original I94 ?
Did you do it through the lawyer?
What other documents did you send, if you dont mind posting them here?

thanks

ketu
 
rajkang said:
Contact your university, they will guide through whole process. I didnt send I-94. Did it myself.
Financial proof. Sponsor letter.
thanks Rajkang

ketu
 
hi friends, i have B1/B2 visa and planned to go to usa on visitor visa to visit my uncle , the process to apply for F1 takes too long and nothing is fixed for me yet so do u suggest
1. can we change visa to F1 within usa?? practically it is 50:50?
2. if yes whn can apply ?what are documents needed? ,
3.if i apply from within home country in case of denial of F1 visa will my B1/B2 will be canceled?
some are sugesting to declare at the port of entry that i wish to be "PROSPECTIVE STUDENT " and officer a the port of entry will put a STAMP on i-94 ,what documents wil be needed?? but if hes not convienced can he deny entry and deport ? or not give more time in entry ??? please let me know what is good way ?
 
Below are the answers
hi friends, i have b1/b2 visa and planned to go to usa on visitor visa to visit my uncle , the process to apply for f1 takes too long and nothing is fixed for me yet so do u suggest
1. Can we change visa to f1 within usa?? Practically it is 50:50?
You can't do that while on visitor
2. If yes whn can apply ?what are documents needed? ,
3.if i apply from within home country in case of denial of f1 visa will my b1/b2 will be canceled?
May be cancelled without prejudice or mayn't be
some are sugesting to declare at the port of entry that i wish to be "prospective student " and officer a the port of entry will put a stamp on i-94 ,what documents wil be needed?? But if hes not convienced can he deny entry and deport ? Or not give more time in entry ??? Please let me know what is good way ?
 
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