How Long Does It Take To Change Visa Status From B2 To F1

Change of Status form B

Introduction: Modify of Status from B Visitor to F1 or M1 Student
Change from B1 or B2 Company Status to F1 or M1 Student Condition
Obtaining a B2 Visa as a Prospective Student
No Change of Condition if Purpose for Entry was Misrepresented
Alter of Condition Must Occur Prior to 30 Days After Visitor Visa Expiration Date
Financial Support Requirement
Conclusion: Change of Status from B Visitor to F1 or M1 Student

Introduction: Change of Condition from B Visitor to F1 or M1 Student

Nether section 248 of the Immigration and Nationality Act (INA) and regulations in 8 C.F.R. 248.1, it is permissible under certain circumstances to change from B1 or B2 nonimmigrant visitor status to F1 or M1 educatee status. However, the nonimmigrant company who is seeking change of condition must be maintaining his or her company status and be otherwise eligible for change of status and must satisfy the United states of america Citizenship and Immigration Services (USCIS) that he or she did not obtain a B1 or B2 visitor visa in club to circumvent the normal application process for an F1 or M1 student visa. In this article, we will examine the rules and procedures for seeking a change of status from B1 or B2 visitor to F1 or M1 pupil. Please notation that an alien who enters nether the Visa Waiver Program or as a nonimmigrant visitor otherwise without a visa will non be eligible to alter status.

To learn about the rules for change of condition in general, including those that are applicative to eligibility to change from B1 or B2 to F1 or M1, please run into our total article [meet modify of condition]. Please too meet our article on a recent USCIS FAQ on change of status from B company to F1/M1 student [see article].

Change from B1 or B2 Visitor Status to F1 or M1 Educatee Status

There are numerous issues that ascend with regard to change from B1 or B2 visitor status to F1 or M1 educatee status. Under 8 C.F.R. 248.1(c), a modify of status awarding to F1 or M1 student need not be denied equally a matter of form if the applicant began attention the schoolhouse before applying for a alter of status. However, nonetheless 8 C.F.R. 248.1(c), USCIS will, under eight C.F.R. 248.1(c)(3), deny a modify of status application from B to F1 or M1 if the applicant began his or her class of study before the change of status was approved.^one Accordingly, a B1 or B2 visitor must refrain from attention the school before applying for modify of status and during the pendency of the application.

The change of status application is filed on the Form I-539. The B1 or B2 visitor must not accept engaged in unauthorized employment prior to the alter of status awarding.

Obtaining a B2 Visa equally a Prospective Educatee

It is possible to obtain a B2 visa with the intent of changing to F1 or M1 educatee status. In order to do so, the prospective pupil must state this as his or her intention at the consulate and present evidence that he or she will exist eligible for student status. If the B2 visa is approved, information technology volition be marked "prospective student" at the consulate [see 67 FR 18065]. If an alien is seeking a B2 visa with the intention of attending schoolhouse, it is important for the conflicting to properly represent his or her intentions when seeking the visa at the consulate. As nosotros volition discuss in the adjacent section, an alien who is plant to misrepresent his or her intentions will be found to be ineligible for the change of status and potentially face adverse immigration consequences.

No Alter of Status if Purpose for Entry was Misrepresented

All other B1 and B2 visitors may apply for a change of nonimmigrant status to F1/M1 pupil by filing the Form I-539, Application to Extend/Modify Condition. However, B visitors should be aware of the 30/lx day rule [come across comprehensive article]. The 30/60 day rule is an adjudicative principle used by the Department of State, and oft referenced by the USCIS [see article on USCIS and the rule] which addresses when an conflicting "conduct[s] [him or herself] in a manner inconsistent with representations they made to the consular officers concerning their intentions at the time of visa application or to immigration officers when applying for access." Although the 30/60 day rule is not binding on USCIS, the USCIS will generally deny a change of condition application sought inside 30/60 days of entry equally a B visitor (except in the instance of a B2 "prospective educatee"). If the B visitor obtained a school certificate prior to entry, this will be considered evidence of "preconceived pupil intent."

In the precedent administrative determination in the Matter of Hsu, 14 I&N December. 344 (RC 1973) [PDF version], an application for change from B1 status to F1 status was denied because it was determined that the applicant had obtained his B1 visa under the pretext of conducting concern when the purpose of the visit was really to "[evade] the normal visa-issuing procedures for obtaining a pupil visa."

The Usa District Court for the Commune of Columbia decision in Tsui v. Chaser General of the U.S., 445 F.Supp. 832 (D.D.C. 1978) [PDF version] upheld the deprival of a alter of condition from B2 visitor to F1 student where the evidence in the record indicated that the B2 visitors entered under the pretext of tourism but in authenticity were intending students. In Tsui v. Att'y Gen, the B2 visitors obtained certificates of eligibility from the school within 45 days of entry and sought change of status inside iv months of entry.

Change of Status Must Occur Prior to 30 Days After Visitor Visa Expiration Appointment

8 C.F.R. 214.2(f)(5)(i) states that an F1 educatee "may exist admitted for a menstruum of upward to 30 days earlier the indicated report date or program showtime date listed on the Class I-xx." USCIS interprets this in conjunction with viii C.F.R. 248.1 to mean that an conflicting may not change status from B2 to F1 if his or her B2 status does not elapse for more than thirty days before F1 condition would begin. For this reason, a B vistor whose status is scheduled to expire prior to xxx days before his or her intended programme start appointment must file a separate Form I-539 extension of status application along with a separate filing fee in order to maintain B status until the change to educatee status could be completed. Please run into our full commodity on the discipline to learn more [see article].

In 2022, the U.s. District Court for the District of Maryland called the USCIS's position that the change of status application could non be approved subsequently the expiration of B visitor status in Youssefi , 5. Renaud, 794 F.Supp.2d 585 (D. Md. 2022) [PDF version]. However, no Federal circuit courts take adopted this view in a published determination.

Financial Support Requirement

It is important to remember that an bidder for an F1 or M1 student visa is required to demonstrate that he or she will take the necessary financial support to written report in the United States. In the precedent conclusion in the Matter of Haddad, 10 I&N Dec. 785 (RC 1964) [PDF version], a change of status from B visitor to F1 student was denied, in part considering the bidder failed to demonstrate that he would have the requisite financial support to engage in a full course of study. A B1 or B2 company seeking a modify to F1 or M1 status should be aware that additional prove will likely be needed to demonstrate having the requisite financial resource to exist eligible for a pupil visa.

Conclusion: Alter of Status from B Visitor to F1 or M1 Pupil

If an conflicting intends to employ a B2 visitor visa to visit schools and subsequently apply for a change of condition in the The states, he or she must explain this when applying for a visa at the consulate. USCIS will deny a change of condition application if it finds that the applicant misrepresented his or her intentions in obtaining the previously accorded status. If a B visitor intends to change status outside of the sixty day window where the change will likely exist denied, he or she should consult with an experienced immigration attorney. An experienced immigration attorney volition be able to assess the situation and determine whether the B company may exist able to obtain a modify to F1 or M1 status in the U.s. or whether he or she will take to seek a student visa at a U.S. consulate abroad.

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Encounter besides: Memo, Williams, Ex. Assoc. Comm. Field Operations, HQISD 70/6.2.2 P (Apr. 12, 2002)

Resource and Materials:

Kurzban, Ira J. Kurzban's Immigration Law Sourcebook: A Comprehensive Outline and Reference Tool. 14th ed. Washington D.C.: AILA Publications, 2022. 856-58, Print. Treatises & Primers.