possible to Change Status

[mediyasl 0]

Hi all,

I'm new here. I've read thru' some of the posts and they help you a lot but couldn't get an answer to my question hence thought a make a new post .....

I currently hold a B1/B2 Visa and would like to know if i'd be able to change status on-shore (ie within the country) to Student (F1) if I manage to find a University that accept me to do a PhD (I'm currently negotiating with a few universities). I currently hold a masters degree. If the answer to the above question is "yes" I also would like to know if it is possible to change status of my family members as I'm planning to visit with my family. If the answer is "no" I would like to know if I apply for a student visa (F1) in my home country is it possible to take my family with me if so what would their status be ?? would my wife be able to work ?? Can my children goto school there ???

hope someone can help.

[milimelo 4,544]

You're not even in the US and contemplating changing to F1. Is there a reason why you're not getting a F1 in your country?

[Boiler 45,961]

Having a visa is much better that status

Dependents can not work, can go to school.

There are issues beyond my memory, I do recall that when seeking entry you should get it noted that you will be seeking adjustment to F.

[mediyasl 0]

You're not even in the US and contemplating changing to F1. Is there a reason why you're not getting a F1 in your country?

tx for your reply .... the reason being I've already made my travel arrangements (will be in US just after Christmas) .... so it saves me time and money if I could adjust status over there and if not as a second option I would apply for a F1 from my country.

[mediyasl 0]

Having a visa is much better that status

Dependents can not work, can go to school.

There are issues beyond my memory, I do recall that when seeking entry you should get it noted that you will be seeking adjustment to F.

Am I right in taking that as a "yes" .... can my family adjust status as well ??

[Mike-eeh and Odie 193]

Am I right in taking that as a "yes" .... can my family adjust status as well ??

Using your B2 visa to change status for any premeditated reason constitutes visa fraud.

[NigeriaorBust 4,087]

Visas are not issues inside the US. Adjustments to greencards may be but you must interview there for a student visa, show funding and intent to return home.

[dnp2014 44]

Hi all,

I'm new here. I've read thru' some of the posts and they help you a lot but couldn't get an answer to my question hence thought a make a new post .....

I currently hold a B1/B2 Visa and would like to know if i'd be able to change status on-shore (ie within the country) to Student (F1) if I manage to find a University that accept me to do a PhD (I'm currently negotiating with a few universities). I currently hold a masters degree. If the answer to the above question is "yes" I also would like to know if it is possible to change status of my family members as I'm planning to visit with my family. If the answer is "no" I would like to know if I apply for a student visa (F1) in my home country is it possible to take my family with me if so what would their status be ?? would my wife be able to work ?? Can my children goto school there ???

hope someone can help.

This change of status can be especially challenging, and it may be best to travel, apply for an F-1 visa abroad, and reenter the U.S. in F-1 status.

ption 2: Change of Status in the U.S.

Submit your application to U.S. Citizenship and Immigration Services (USCIS) one of two ways:

a. Apply online through the USCIS ELIS (USCIS Electronic Immigration System) or

b. Mail a paper application to the USCIS Dallas Lockbox facility.

If you apply online, you must scan and upload copies of the following documents to ELIS. You will complete Form I-539 information online and pay the application fee online.

If you choose the paper application option, mail the following documents to the USCIS Lockbox.

• Form I-539 (Paper application only; if you apply online, complete Form I-539 information online)
• $290 fee: check or money order payable to “U.S. Department of Homeland Security” (Paper application only; if you apply online, you will pay the fee online)
• Original I-94 card or photocopy of admission stamp and paper printout of I-94 record
• Photocopy of the visa page and identification page in your passport
• Photocopy of the signed I-20 issued in your name by the University
• Detailed evidence of financial support
• Photocopy of proof of payment of SEVIS fee
• Detailed letter requesting and explaining the need to change status

  If your B-1/B-2 visa is endorsed "prospective student," you should have little difficulty changing to student status. If your visa does not have a "prospective student" notation, include answers to the following questions in your letter:

  What did you tell the consular officer was the purpose of your visit to the U.S.?

  Upon entry to the U.S., what did you tell the immigration officer was the purpose of your visit?

  How and when did you arrive at your decision to study in the U.S.?

  How and when did you first contact the University, and when were you informed you had been admitted?

  If prior to your entry into the U.S. your intention was to attend school, why didn't you apply for an F-1 student visa rather than the B-2 visitor visa?

  Have you been in the U.S. before? When and for what purpose?

  Any relatives in the U.S.? If so, what types of visas are they here on?

Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School

Is it permissible to enroll in school while in B-1/B-2 status?

No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit study in the United States while in B-1 or B-2 status.

Before enrolling in classes, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in classes while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in classes, are not eligible to extend their B status or change to F-1 or M-1 status. These regulations provide no exceptions.

How can I obtain F-1 or M-1 status?

If you currently hold B-1 or B-2 nonimmigrant status and would like to enroll in classes, you may apply for a change of status to F-1 or M-1, as appropriate, if:

• You have not yet enrolled in classes
• Your current status has not expired
• You have not engaged in unauthorized employment

To change your nonimmigrant status from B-1/B-2 to F-1 or M-1, you must file an Application to Extend/Change Nonimmigrant Status (Form I-539), and include the required fee and documents listed in the filing instructions.

Please Note:

• If you enroll in classes before USCIS approves your Form I-539, you will be ineligible to change your nonimmigrant status from B to F or M.
• If you are applying to extend your B-1/B-2 stay and you have already enrolled in classes, USCIS cannot approve your B-1/B-2 extension because of the status violation.

What if I am not eligible?

If you are not eligible to change your nonimmigrant status to F-1 or M-1, you may apply for an F-1 or M-1 visa at a consular post abroad. For information about consular processing, please visit the Department of State’s website at www.state.gov/travel. For information about the Student and Exchange Visitor Program (SEVP), please visit the SEVP website at: www.ice.gov/sevis.

We encourage all students and prospective students to work closely with their designated school official (DSO) to coordinate the timing of applying for change of status and enrolling in classes.

Edited December 17, 2014 by dnp2014

[dnp2014 44]

Advice for B1/B2 Visa-Holders

It often happens that visitors to the United States (B1/B2 visa-holders) decide that they want to become college students (F1 visa-holders). While it is possible to make such a change of visa category, there are disadvantages to such a change. So before explaining how to apply for such a change, I will review these disadvantages. Disadvantages

1. In most cases it will take about three or four months to gain approval for a change for B1/B2 to F1. In some cases it takes even longer. Nearly always a six-month visitor's visa will expire while you are waiting for INS to approve the change, thus leaving you without a valid visa for re-entering the US should you have to leave the country while waiting for the change to be approved.

Even after INS approves the change, you are still left without a valid visa. After approval you will be legally present in the US as a student; but if you leave the US, you will have to obtain a new visa in order to re-enter this country. And there is no guarantee that officials at consular offices and embassies will agree to issue the new visa.

While waiting for INS to approve the visa category change, you will remain in B1/B2 visitor's status. There is no possibility of getting employment authorization or a Social Security number while you are in B1/B2 status. Since many states in the US will not issue a driver's license to persons without Social Security numbers, you may run into transportation difficulties.

In order to gain approval of a change from B2 visitor status to F1 student, your application will have to convince INS officials that

you did not enter the US on a visitor's visa because you could not, or thought you could not, obtain a student visa

.

If you apply for a change from B2 to F1 very soon after arriving in the US, INS officials will probably deny your application. INS considers that a rapid change from visitor's status to student status is evidence that you misrepresented your purpose for coming to the US and that you should leave the country and apply for a student visa in the normal manner.

Nevertheless, many changes from B2 to F1 are actually approved by INS. The form that you will need to use is called I-539. So, if you want to try to obtain approval for such a change, here is the recommended procedure. I-539 Application Process

1. About 30 days before the departure date indicated on your I-94 departure card, you should visit the school you are trying to join and discuss admissions requirements with the international student advisor at that school. If you can satisfy that school's admission requirements, you will be issued an I-20 Certificate of Eligibility.

If you receive an I-20 from the school, you should then request form I-539 and complete that form, and attach to it a $120 processing fee, and supporting documentation. (The international student advisor will tell you what that supporting documentation should include -- copies of passport, I-94, visa, cover letter, etc.)

You then mail your application and your new I-20, the $120 fee, and all the supporting materials to the appropriate INS regional document processing center. It will take from 90 to 120 days for INS to make a ruling on your application.