Gaining F-1 status after visiting the US on a tourist visa

[sierioiza 0]

Hi All,

This is my first post on the forum. I want your opinion on a possible scenario. Here it is.

My brother is coming to study at a University here in the US. He will have his initial attendance I-20 and F-1 visa, and he will be able to enter the US as a student on July 14th at the earliest (due to the 30-days-before-the-program-start-date restriction). However, my family made plans to come to the US for a visit, and they all have tickets on July 10th... My brother has a tourist visa, so there will be no problem for him to enter the US on his B visa. I even read that in some cases new students would be admitted to the US more than 30 days before the program start date with their initial attendance I-20. Let's say he will be denied entry as a student with his F-1 status, his only option would be to enter the US as a tourist. The next challenge will be to change his status from visitor to student. I have been told that it may take up to 3 or 4 months to change status while he is in the US, so that would not work as he needs to start school at the end of August. I am thinking that after he gets here on July 10th as a tourist, he would have to travel to a nearby country on July 14th or later, and re-enter the US on his F-1 visa. In my mind, it would be the easiest and quickest change of status. Since they will be visiting mainly Texas (that's were I live), I thought Mexico would be an easy country to get to without spending a lot of money (I can drive to Mexico in 6 hours from Houston). What do you think of this solution? Do you know of anyone who has done anything similar, or have you done this? Bear in mind that he will have F-1 visa in his passport, and he will have an I-20 from the University. He will just need to use those two to enter the US on or after July 14th.

To make everything simpler:

• Get I-20 from the University, and F-1 visa in his home country
• Enter the US as a tourist more than 30 days before the program start date on the I-20
• Cross the border to Mexico when it's time
• Re-enter the US as a student within 30 days of the program start date

Will this scenario work?

Any thoughts or answers welcome.

Thanks.

[canadian_wife 1,822]

It may, all of this is up to the CBP at the time of entry

good luck

[GurkenSalat 48]

It may, all of this is up to the CBP at the time of entry

good luck

Yes, exactly! My only concern would be that, if he tries to enter on July 10th, the CBP officer might see that he has an F-1 visa as well and get picky about that. At worst, he might not be allowed to enter until the 14th (yikes!).

Still, I see no reason why they wouldn't let him enter on the B visa, and then traveling to Mexico and crossing back on the F-1 within 30 days of the start of his program would be perfectly fine. Like I said, unless they get really picky.

Is it at all possible for your brother to book the flight on the 14th and begin his visit 4 days later than the rest of the family? I understand that this would not be a desirable course of action, but I feel like it would be the safest...

[aaron2020 11,651]

Still, I see no reason why they wouldn't let him enter on the B visa, and then traveling to Mexico and crossing back on the F-1 within 30 days of the start of his program would be perfectly fine. Like I said, unless they get really picky.

The reason this doesn't work is that going to Canada or Mexico does not reset the clock for visitors to the US. The US is well aware of the short trip to Canada and Mexico to reset the clock on the amount of time in the US, and have expressly prohibit it.

It's not about being picky. It's about enforcing US laws.

[GurkenSalat 48]

The reason this doesn't work is that going to Canada or Mexico does not reset the clock for visitors to the US. The US is well aware of the short trip to Canada and Mexico to reset the clock on the amount of time in the US, and have expressly prohibit it.

It's not about being picky. It's about enforcing US laws.

Oh, I didn't know that part. My bad. So they would also refuse to change the status that the person is entering on from B to F-1, because of this? Mind you, this would not be a trip to reset the clock, it would be to change to a different visa.

Anyway, you're just supporting what I said. Safest would be to wait until July 14th and enter on F-1.

[aaron2020 11,651]

Oh, I didn't know that part. My bad. So they would also refuse to change the status that the person is entering on from B to F-1, because of this? Mind you, this would not be a trip to reset the clock, it would be to change to a different visa.

Anyway, you're just supporting what I said. Safest would be to wait until July 14th and enter on F-1.

Doesn't matter that it's a different visa. No resetting the I-94 with a trip to Canada or Mexico.

[sierioiza 0]

Thank you all for your replies. I agree that changing his ticket to the 14th would be easiest. Unfortunately, the airlines wouldn't allow any changes for the fare he has on his ticket, so he would have to lose the ticket altogether. In addition, he would have to pay twice the original amount for the new ticket... So, when it is the easiest and safest thing to do, it would be the costliest one.

Could you give me a link or help me find the law that says that a person cannot change their status by traveling to Mexico, and re-entering the US using a different type of Visa? Thanks.

[GurkenSalat 48]

All I could find that seems remotely valid/official is this: https://help.cbp.gov/app/answers/detail/a_id/751/kw/i-94%20mexico%20canada/session/L3RpbWUvMTQwMzI5MDg5OC9zaWQvKkRENTZqWGw%3D/suggested/1

And then there's this: http://www.justanswer.com/immigration-law/2hr89-leave-us-travel-canada-mexico-will.html (less related/official).

I'm confused now, I have no idea if they will or will not change his status to F-1 upon reentry. I'm inclined to say, they won't. Maybe Aaron can clarify...

[lil2be 11]

If your brother enters with Be and change to F 1 here. It's called "change of status." When he leaves the U.S. to visit anyone outside the U.S. He will need to go to a local embassy to obtain a new F1 visa with his existing I 20. And there is no guarantee that they will gain his visa due to his intention to change his status for the first time. If he doesn't plan to travel or visit families/friends at all during his academic year under AOS to student, then he would be ok. But again there is no guarantee that USCIS will approve it either.

I have friends who adjust from J1 to F1 visiting her family back home because of the death in her family. She got denied a visa and couldn't finish the last 4 months of her study. It was totally a shame. Another friends adjusted in the U.S., they got denied as well. Do not know why. I guess the length of time between AOS and the beginning of the semester was a big gap. Anuway, I highly recommend your brother to get a student visa from home. He can come to the U.S as a tourist first. Go talk to the prospective college he want to attend. And then return home to obtain F1 visa.

[fullglass 5]

Hi All,

This is my first post on the forum. I want your opinion on a possible scenario. Here it is.

My brother is coming to study at a University here in the US. He will have his initial attendance I-20 and F-1 visa, and he will be able to enter the US as a student on July 14th at the earliest (due to the 30-days-before-the-program-start-date restriction). However, my family made plans to come to the US for a visit, and they all have tickets on July 10th... My brother has a tourist visa, so there will be no problem for him to enter the US on his B visa. I even read that in some cases new students would be admitted to the US more than 30 days before the program start date with their initial attendance I-20. Let's say he will be denied entry as a student with his F-1 status, his only option would be to enter the US as a tourist. The next challenge will be to change his status from visitor to student. I have been told that it may take up to 3 or 4 months to change status while he is in the US, so that would not work as he needs to start school at the end of August. I am thinking that after he gets here on July 10th as a tourist, he would have to travel to a nearby country on July 14th or later, and re-enter the US on his F-1 visa. In my mind, it would be the easiest and quickest change of status. Since they will be visiting mainly Texas (that's were I live), I thought Mexico would be an easy country to get to without spending a lot of money (I can drive to Mexico in 6 hours from Houston). What do you think of this solution? Do you know of anyone who has done anything similar, or have you done this? Bear in mind that he will have F-1 visa in his passport, and he will have an I-20 from the University. He will just need to use those two to enter the US on or after July 14th.

To make everything simpler:

• Get I-20 from the University, and F-1 visa in his home country
• Enter the US as a tourist more than 30 days before the program start date on the I-20
• Cross the border to Mexico when it's time
• Re-enter the US as a student within 30 days of the program start date

Will this scenario work?

Any thoughts or answers welcome.

Thanks.

If you try to enter the US on an F1 Student Visa more than 30 days before school starts, the officer at the port of entry will most likely deny your entry and have you go back home. And if somehow you do manage to enter the US more than 30 days before school starts, you will end up being out of status because your school would have started AFTER the 30-day mark, at which point, you would have to apply for re-instatement.

You can't obtain an F1 Student Visa and try to enter the US on a Tourist Visa. It's one or the other. And by the way, if you do enter on a Tourist Visa, and want to apply for Change of Status to F1, you have to wait a period of 90 days before you can even apply. And on a Tourist Visa, legally you are NOT allowed to enroll/attend school.

Do NOT try to play the system.

[umeranyth 0]

Thank you all for your replies. I agree that changing his ticket to the 14th would be easiest. Unfortunately, the airlines wouldn't allow any changes for the fare he has on his ticket, so he would have to lose the ticket altogether. In addition, he would have to pay twice the original amount for the new ticket... So, when it is the easiest and safest thing to do, it would be the costliest one.

Could you give me a link or help me find the law that says that a person cannot change their status by traveling to Mexico, and re-entering the US using a different type of Visa? Thanks.

Here's a link from Concordia University Irvine: http://www.cui.edu/AcademicPrograms/InternationalStudents/index.aspx?id=23445

So basically, no. Don't try to do anything out of the ordinary.

Best of luck to you both.

[sierioiza 0]

Hello again,

It's been a while, and I just wanted to again thank you for all the replies I got. For future reference, if anyone in the world will be looking for a solution to this situation, here is what can and cannot happen.

If the officer at the port of entry refuses to admit a prospective student as an F-1 student, who would be arriving in the US more than 30 days before the initial program start date on the I-20, do not hesitate to enter the country as a tourist on a B visa. Do it. When the time comes, the individual will have to go to any port of entry in the country (there are ports of entry all over the place, not only at the borders; you can search for the one nearest to you at http://www.cbp.gov/contact/ports), and show the officer a valid F-1 visa and I-20. The officer will remove the I-94 form obtained at the initial entry, and give a new I-94 registering in the system the change of status from B to F-1, and also activating student's SEVIS. There will be no problems with that as long as the person has a valid tourist visa, and student visa. This is what I was told by border control officers at two different ports of entry: in Brownsville and in El Paso. Note that the individual DOES NOT have to leave the US, enter a different country, leave that country, and re-enter the US. All they have to do is show up at the port of entry office. The clock rule, which is true, does not apply here because the individual is not trying to extend their stay on the same status, but instead they are trying to change status, which for CBP officers is a simple I-94 exchange procedure.

My brother did not have to do it, but he was ready to do it. Instead, the officer at the airport looked at his student visa, I-20 form, and admitted him as an F-1 student 34 days before the program start date. I understand what fullglass was saying about entering more than 30 days before, and the start date happening more than 30 days after the admittance therefore falling out of status, and needing a reinstatement, but it must be inaccurate... My brother had international student check-in at the school on July 29th, and there was no problem with activating his student status and removing any holds on his school's student account. I guess this kind of complication would be true if he had a check-in, or school registration, after 30 days of his admittance. If it is possible to check in within 30 days of the admittance there should be absolutely no problems.