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B2 Visitor to F1 Student Change of Status Case

At Kasturi Law, LLC, our Naperville and Schaumburg B2 Visitor to F1 Student Change of Status lawyer and law firm founder, Shobhana Kasturi, is a proud first-generation immigrant who practices immigration law to give a voice to those who need it most.

With more than 27 years of experience practicing law, our law firm only focuses on immigration because we know how important it was for us and our families and to our clients. This is about your life, livelihood, and happiness; we want to help you achieve it all.

From our primary office in the Chicago metropolitan area, our immigration law firm assists individuals and families in DuPage, Cook, and Will Counties, throughout Illinois, and neighboring states to understand the federal process of acquiring a B2 Visitor to F1 Student Change of Status to help ease their immigration journeys.

If you or someone you love seek a B2 Visitor to F1 Student Change of Status, contact our skilled immigration attorney in Schaumburg for help today. We provide in-office, phone, and Zoom consultations to help you understand your legal rights and options so you can make informed decisions about your immigration journey.

It is possible under certain circumstances to change from B1 or B2 nonimmigrant visitor status to F1 or M1 student status. However, the nonimmigrant visitor must maintain his or her visitor status and be otherwise eligible for change of status. Also a foreign national who entered the US on the Visa Waiver Program or as a nonimmigrant visitor without a visa is not eligible to change status.

B2 to F1 Visa Law

What is a B2 Visitor Immigration Status?

The B-2 visa is a nonimmigrant visa category for temporary visitors who wish to enter the United States for activities like tourism, vacations, medical treatment, and visits to friends or relatives.

The key features of the B-2 visitor immigration status include:

  • Purpose of Visit

The primary purpose of the B-2 visa is for temporary visits for pleasure, tourism, or medical treatment. This includes sightseeing, attending cultural events, or spending time with family and friends.

  • No Employment Authorization

Holders of a B-2 visa are generally not authorized to work in the United States. Engaging in employment, whether paid or unpaid, is prohibited under the B-2 status.

  • Duration of Stay

The initial stay on a B-2 visa is typically granted for a short duration, often up to six months. Extensions may be possible under certain circumstances, but the overall duration of stay is limited.

  • No Dual Intent

The B-2 visa is considered a nonimmigrant visa with the expectation that the visitor will return to their home country after the authorized period of stay. Unlike other visa categories, the B-2 does not allow for dual intent, meaning the intent to immigrate to the U.S. is not permitted.

  • Medical Treatment

B-2 visa holders are allowed to seek medical treatment in the United States. They may enter the U.S. for medical purposes and receive appropriate medical care.

  • Visitor for Business (B-1/B-2)

Individuals may sometimes enter the U.S. for business and tourism (B-1/B-2 visa). This allows for a range of permissible activities related to business and pleasure.

  • No Full-Time Study

B-2 visa holders are not allowed to engage in full-time study. If an individual plans to pursue an entire course of study in the U.S., they would need to obtain a different visa, such as an F-1 student visa.

If you have questions about changing your B2 visa status, contact our dedicated Naperville immigration attorney for help today. We can help outline your eligibility for a change of status to F1 student immigration and initiate the process so you can confidently move forward.

What is an F1 Student Immigration Status

An F-1 student immigration status is a nonimmigrant status in the United States that allows foreign nationals to enter the country to pursue an entire course of study at a Student and Exchange Visitor Information System (SEVIS)-approved educational institution.

The key features of the student immigration status include:

  • Purpose of Stay

The primary purpose of the F-1 visa is to allow individuals to enroll in and complete an entire course of study at a U.S. educational institution. This can include academic programs, language training programs, and vocational programs.

  • Designated School Official (DSO)

F-1 students are required to work with a Designated School Official (DSO) at their educational institution. The DSO assists with maintaining SEVIS records, issuing Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status), and providing guidance on immigration matters.

  • Full-Time Enrollment

F-1 students are generally required to maintain full-time enrollment during the academic year. The educational institution defines full-time enrollment but typically involves a minimum number of credit hours or academic units.

  • Employment Authorization

F-1 students may be eligible for various types of employment, including on-campus employment, off-campus employment with proper authorization, and internships related to their field of study.

  • Duration of Status

F-1 status is granted for the academic program duration as indicated on Form I-20. Students must maintain their status by complying with program requirements, attending required check-ins with the DSO, and adhering to other regulatory obligations.

  • Optional Practical Training (OPT)

After completing their academic program, F-1 students may be eligible for Optional Practical Training (OPT), which provides an opportunity for temporary employment directly related to their field of study. OPT is typically authorized for up to 12 months but can be extended for certain STEM fields (science, technology, engineering, and mathematics).

F-1 students can travel internationally and reenter the U.S. if they have a valid F-1 visa, a valid Form I-20 with a travel signature, and are returning to continue their studies.

  • No Dual Intent

Like other nonimmigrant visas, the F-1 visa does not allow for dual intent, meaning the intent to immigrate permanently to the United States is not permitted. F-1 students are expected to reside abroad and return to their home country upon completing their studies.

If you have questions about your F1 visa status, contact our dedicated Schaumburg immigration attorney for help today.

What is the Significance of a B2 Visitor to F1 Student Change of Status?

A B-2 Visitor to F-1 Student Change of Status refers to the process by which an individual in the United States on a B-2 tourist visa seeks to change his or her immigration status to an F-1 student visa.

Here are the key points regarding the B-2 to F-1 Change of Status:

  • Eligibility

Individuals in the U.S. on a B-2 visa may consider changing to F-1 status if accepted into a full-time academic or language program at a Student and Exchange Visitor Information System (SEVIS)-approved school.

  • Acceptance by SEVIS-Approved School

The first step is to gain acceptance into a Student and Exchange Visitor Information System (SEVIS)-approved school and obtain the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, from the school.

  • I-539 Application

The individual must file Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS). This form requests a change of status from B-2 to F-1.

  • Approval and Duration

If the status change is approved, the individual will be granted F-1 student status. The duration of the status will generally be based on the program end date indicated on the Form I-20.

  • Study Restrictions on B-2

It is important to note that individuals on a B-2 visa are not allowed to engage in full-time study, and changing to F-1 status is necessary for pursuing an entire course of study.

  • Timing and Planning

It is advisable to start the change of status process well before the intended program start date. Delays in processing or other factors could impact the ability to create the academic program on time.

If you have questions about changing your B2 visa status, contact our dedicated Naperville immigration attorney for help today. We can help outline your eligibility for a change of status to F1 student immigration and initiate the process so you can confidently move forward.

What are the Requirements for B2 Visitor to F1 Student Change of Status?

First things first: a foreign national who entered the U.S. on the Visa Waiver Program or as a nonimmigrant visitor without a visa is not eligible to change status.

Under certain circumstances, it is possible to change from B1 or B2 nonimmigrant visitor status to F1 or M1 student status. However, the nonimmigrant visitor must maintain their visitor status and be otherwise eligible for a change of status.

To do a change of status, some basic requirements must be met:

  • Change of status must be done while the non-immigrant is in status.
  • The non-immigrant must not have violated the terms of their non-immigrant status.
  • The non-immigrant must be able to establish non-immigrant intent and financial ability to support their change of status application.
  • The non-immigrant must not have misrepresented the reason for their initial entry as a non-immigrant on the B2 visitor visa.
  • The non-immigrant must continue to maintain their non-immigrant status by filing an extension of their non-immigrant status.
  • The non-immigrant must not have committed any crimes or engaged in any other actions that would make them ineligible for a change of status.

The change of status process from B2 to F1 can take several months; during these months, the non-immigrant cannot work or start school. Such changes in the status of petitions are also increasing in Request for Evidence requests. This typically means the processing times for these petitions are much longer than previously.

Our immigration attorneys also focus on the following areas:

Contact Our Attorney at Kasturi Law, LLC Today

At Kasturi Law, LLC, our Naperville immigration attorney, is personally committed to being a trustworthy legal partner for each of our clients and will be standing by your side throughout the immigration process. Here, you are not a case; you are a human being who needs our help, and we have dedicated our lives to ensuring you get it.

If you are seeking a change of status from B2 to F1 Visa, call our skilled Schaumburg immigration change of status attorney today at 630-392-8101.

We believe in you, your immigration journey, and your success.

 

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To do a change of status some basic requirements must be met

  • Change of status must be done while the non-immigrant is in status.
  • The non-immigrant must not have violated the terms of his/her non-immigrant status.
  • The non-immigrant must be able to establish non-immigrant intent and financial ability to support their change of status application.
  • The non-immigrant must not have misrepresented the reason for their initial entry as a non-immigrant on the B2 visitor visa.
  • The non-immigrant must continue to maintain their non-immigrant status by filing a extension of their non-immigrant status.
  • The non-immigrant must not have committed any crimes or engaged in any other actions that would make them ineligible for a change of status.

The change of status process from B2 to F1 can take several months and during these months the non-immigrant cannot work or start school. Such change of status petitions are also seeing an increase in Request for Evidence requests and hence the processing times for these petitions are much longer than previously was the case.

Kasturi Law, LLC has successfully handled the change of status cases and also successfully responded to RFE’s in such cases. If you are interested in filing for a change of status from B2 to F1 or need representation in responding to an RFE, feel free to contact Kasturi Law, LLC at (630) 392-8101.

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