B2 (Visitor) to F1 (Student) Change of Status Case
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 be eligible to change 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 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 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 is much longer than previously was the case.
Kasturi Law, LLC has successfully handled 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 a RFE, feel free to contact Kasturi Law, LLC at (630) 392-8101