Is switching to F1 visa from B1/B2 allowed?

[aek379 0]

Hello,

My brother who is on B1/B2 visa currently in states would like to join a community college. My questions are:

 

1. Can he obtain a I-20?
2. Can he simply stay here and start studying without going out of US and obtain F1 visa?
3. Is change of status legally allowed from B1/B2 to F1?

 

Thank you. 

[USS_Voyager 1,972]

10 minutes ago, aek379 said:

Can he obtain a I-20?

Yes. Contact the school, if he's admitted, they can issue I-20.

 

11 minutes ago, aek379 said:

Can he simply stay here and start studying without going out of US and obtain F1 visa?

It's possible. He has to submit a change of status form I-539 to USCIS. After USCIS approves, if they send him back an I-94 attached to the approval, he can stay. If they do not, he cannot stay and has to leave and obtain an F1 visa. It is up to USCIS to determine that. 

 

12 minutes ago, aek379 said:

Is change of status legally allowed from B1/B2 to F1?

Yes, as explained above, via form I-539 change of status. 

[designguy 1,179]

Its important that until he is approved he does NOT start studying. He must remain in valid B1/B2 status

 

Keep in mind getting an F1 for a community college can be difficult

Edited January 7, 2020 by designguy

[SusieQQQ 11,587]

It’s allowed but it’s tricky given the timelines involved in F1 combined with long and unpredictable processing times for i539s. We have seen a number of denials because of this. Denial is a problem for future visas, especially because in combination with i539 times they usually end up involving overstay. Recommended to return home and start the process there. He is not more likely to get it from any fundamental basis from within the US, and the timing issues won’t be a problem if he gets a consular issued  visa.