M1 switch to Tourist Visa?

[m1anonymous 0]

Hi everyone! 
 

I have two visas- M1 and B1/B2 (not sure, I forgot). Both of which are still valid.

 

My M1 visa will expire on November 22. However, I would like to stay longer in the US. Can I just switch to my B1/B2 Visa for me to stay longer? I would like to avoid the penalties and such.

 

thank you!

[Boiler 45,553]

If you think you have a good case you can certainly apply.

[SusieQQQ 11,586]

Change of status via an I539 application is expensive, long and timing uncertain. Might be easier to just exit on the M and return on the B via a neighboring country. You’d obviously have to have strong evidence of leaving the US after a “usual” amount of vacation time.

[HRQX 4,145]

2 hours ago, SusieQQQ said:

Might be easier to just exit on the M and return on the B via a neighboring country.

Trips to Canada, Mexico, or adjacent islands that are 30 days or less in length don't result in new I-94 if the traveler isn't a resident of that country.

 

For other viable countries, OP should avoid being in or transiting through Schengen Area, UK, Ireland, Iran, mainland China, and Brazil.

2 hours ago, SusieQQQ said:

You’d obviously have to have strong evidence of leaving the US after a “usual” amount of vacation time.

Yup. Lack of very strong evidence might be an obstacle for B visit attempt after recently being in the US.

Edited September 21, 2020 by HRQX

[SusieQQQ 11,586]

5 hours ago, HRQX said:

Trips to Canada, Mexico, or adjacent islands that are 30 days or less in length don't result in new I-94 if the traveler isn't a resident of that country.

 

.

I’m fairly sure I’ve seen you can enter on a different visa and do that. It certainly doesn’t work if you are trying to get extra length from a b visa stay. 
 

[HRQX 4,145]

2 hours ago, SusieQQQ said:

I’m fairly sure I’ve seen you can enter on a different visa and do that.

It shouldn't work per federal regulations and CBP Inspector's Field Manual, but CBP officers sometimes do make mistakes.

Edited September 21, 2020 by HRQX

[SusieQQQ 11,586]

16 minutes ago, HRQX said:

It shouldn't work per federal regulations and CBP Inspector's Field Manual, but CBP officers sometimes do make mistakes.

Can you quote the manual on that to check the wording? 

there was someone in this forum a while back, I think maybe on a j visa, who was told she couldn’t do that for the same reasons but did. I don’t remember all the details now but something about a different visa type does give a new i94. 

[SusieQQQ 11,586]

This page from UW also implies it is possible. Obviously if the OP already has a B visa there is no reason to apply for one at a consulate. (Option 2 is change of status and lists all the disadvantages of that)

 

https://iss.washington.edu/procedures/change-status/
 

Gaining a New Nonimmigrant Status

There are two ways of gaining a new nonimmigrant status:

Option 1: Travel and Reentry

Leave the U.S., apply for a new visa at a U.S. consulate, and reenter the U.S. with the new visa and other relevant documents. You will gain your new status when you are admitted into the U.S.

Advantages

• This process is usually faster than changing status in the U.S.
• You will obtain the visa and the status

 

Edited September 21, 2020 by SusieQQQ

[HRQX 4,145]

1 minute ago, SusieQQQ said:

Leave the U.S., apply for a new visa at a U.S. consulate, and reenter the U.S. with the new visa and other relevant documents. You will gain your new status when you are admitted into the U.S.

It doesn't explicitly say it's possible. It says apply for visa at consulate. US consulates in Canada, Mexico, and adjacent islands have stringent requirement that visa applicants have a longer status than tourist in that country. I already mentioned that travelers that actually reside in that country are able to apply for different admission to the US regardless of the length of the stay in that country.

[SusieQQQ 11,586]

12 minutes ago, HRQX said:

It doesn't explicitly say it's possible. It says apply for visa at consulate. US consulates in Canada, Mexico, and adjacent islands have stringent requirement that visa applicants have a longer status than tourist in that country. I already mentioned that travelers that actually reside in that country are able to apply for different admission to the US regardless of the length of the stay in that country.

I still haven’t seen anything that says the i94 does not reset if the traveler enters on a different visa type.

[Mollie09 1,543]

You can leave with one status to Canada or Mexico and reenter with another and you will be issued another I-94. Actually you have to be issued another I-94, since it has to reflect admittance and status. Assuming you are admissible and admitted with the new status, the 30 day limit doesn't apply.

 

OP would not be applying for a new visa, they already have it, they would only be switching status.

[HRQX 4,145]

1 hour ago, Mollie09 said:

You can leave with one status to Canada or Mexico and reenter with another and you will be issued another I-94.

It has only worked when the attempt has flown under the CBPO's radar.

[Mollie09 1,543]

6 minutes ago, HRQX said:

It has only worked when the attempt has flown under the CBPO's radar.

For you personally? Because I've made it explicit when I did it.

[Boiler 45,553]

Cerainly has happened, seen plenty of people who have managed it in the past, no idea how common it is now.