If you entered on a B1/B2 visa for business or pleasure (visitor visa), and you want to stay in the USA to study, you can change your status to an F1 student visa. The most important consideration for changing your status while in the USA is timing. A foreign national seeking to change status to a student visa must do so while he is present in the United States during a period of authorized stay.
If a foreign national wants to change from B-2 visitor status to student status, the application must include proof that a college or university has accepted the foreign national. The foreign national must choose an approved educational institution listed on the Student and Exchange Visitor Program (SEVP). The foreign national must show that the current stay as a visitor will not expire before the date the full, 12-hour courseload is to begin. If there is a gap between when the visitor status expires and when the student status is due to commence, the application to change status will be denied, as the foreign national must remain in lawful status in order to be granted permission to change to F-1 status.
Since some applications and petitions can take several months to be adjudicated by immigration, a foreign national may need to make a strategic decision about how long to stay and wait to learn if the application has been granted or not. This is why having a dedicated, licensed immigration attorney is important!
Please contact our office to learn more about this option. Our dedicated immigration attorneys possess the experience and knowledge to assist you in changing your status while in the United States.
