Help with change from American visitor visa to F1

[Lade 5]

Hello All,

 

Please, I have a friend who needs urgent help with changing from a visitor visa to F1 in the united states without going back to her home country. 

 

Appreciate your kind responses. 

 

Many thanks. 

Lade.

 

[Just Paul 4,595]

10 minutes ago, Lade said:

Hello All,

 

Please, I have a friend who needs urgent help with changing from a visitor visa to F1 in the united states without going back to her home country. 

 

Appreciate your kind responses. 

 

Many thanks. 

Lade.

 

Not possible.   The F1 visa  interview is held in the home country.

Edited May 23, 2019 by Paul & Mary

[Lade 5]

6 minutes ago, Paul & Mary said:

Not possible.   The F1 visa  interview is held in the home country.

Thanks for your swift  response Paul & Mary. 

Is there a program She can get on without going back to her home country?

Her kids are American citizens and they are based here. 

She need to stay with them and go back to school as well. 

I look forward to your advise and help pls. 

Edited May 23, 2019 by Lade

[WeGuyGal 1,052]

5 minutes ago, Lade said:

Thanks for your swift  response Paul & Mary. 

Is there a program She can get on without going back to her home country?

Her kids are American citizens and they are based here. 

She need to stay with them and go back to school as well. 

I look forward to your advise and help pls. 

What country did she get her visitor visa in?

 

When she applied for a b2 visa, did she evidence her ties to that country, like a job/family etc? What happened to those ties? 

 

She could return to her country and apply for a f1 visa after getting admitted to a college. A college admission usually, but not always, requires months of paperwork, not to mention, funds. 

[geowrian 22,337]

She cannot get an F-1 visa within the US. They don't issue issue visas within the country.

 

She can technically do a Change Of Status (COS) within the US. However, there are numerous reasons why this is not suggested. The processing timelines are very, very long (several months) so you would likely not make the next semester, timings are crucial, if denied you are required to leave quickly to avoid overstay (and overstay automatically cancels the existing tourist visa - Edit: or VWP privileges if from a VWP country like the UK), etc. And you would need to interview for the F-1 visa abroad still if you exit the country at any point.

 

Best thing in nearly every case is to interview abroad for the visa.

Edited May 23, 2019 by geowrian

[Boiler 45,493]

VWP does not allow a change of status to a F1.

[geowrian 22,337]

9 minutes ago, Boiler said:

VWP does not allow a change of status to a F1.

Good point. That too.

[Lade 5]

Thanks everyone. 

It’s just very difficult and we don’t know what to do. 

[Unlockable 7,314]

8 hours ago, Lade said:

Thanks everyone. 

It’s just very difficult and we don’t know what to do. 

What is difficult? Is she in some sort of trouble?

 

The issue is that when she was issued a visitor visa (or VWP) she agreed to the terms that she would be returning home. So it is hard to overcome "I've changed my mind" when they want to stay in the US. That is why it is so difficult for many to simply adjust and stay without returning home. 

[Crazy Cat 41,846]

9 hours ago, Lade said:

Thanks everyone. 

It’s just very difficult and we don’t know what to do. 

There is only one logical thing she can do...Return to her country before the expiration of her I-94...

Edited May 23, 2019 by missileman

[Boiler 45,493]

Begs the question how the we comes into this.

 

Actually there are many many questions.

[carmel34 3,626]

12 hours ago, Lade said:

Her kids are American citizens and they are based here. 

She need to stay with them and go back to school as well. 

An F-1 is only granted in the applicant's home country by showing strong ties to return to her home country, how will she show that if her kids are in the US and she needs to stay with them?  A B-2 visitor visa is the same as F-1, strong ties to her home country are required, to return home after the approved stay period at POE.  Sounds like the B-2 was issued in error--were her kids in her home country when the visitor visa was approved?  What did she say at POE was her reason for visiting the US?  There could be some misrepresentation involved so she needs to go home and someone in the US needs to file an immigrant petition for her as her intent is clearly to stay in the US with her kids, not to visit or study temporarily and then go back to her home country.  You can't use an F-1 visa to try and circumvent US immigration laws.  And if she overstays the visitor visa she will only cause more problems for herself in the future.

Edited May 23, 2019 by carmel34

[WeGuyGal 1,052]

One of those initial posts lacking pertinent background info 

[nastra30 2,285]

One cannot change from one visa to another inside the US. Visas are only issued at embassies so to get an F-1 visa  she'll have to return to the USEM for F1 visa application and interview. There's also an I-120 and SEVIS component to F-1 visa process. Change of status and change of visa are two different lingos. However, if the children want to petition for her they must be at least 21 years or older to do so but she won't be able to enroll in school anytime soon.

[Crazy Cat 41,846]

16 hours ago, Lade said:

Thanks everyone. 

It’s just very difficult and we don’t know what to do. 

I would strongly advise her NOT to overstay her visa......