U.S IMMIGRATION SERIES;
Number 1:
QUESTION NO 1:
I HAVE A U.S. VISIT VISA.
CAN I SWITCH TO STUDY VISA WHEN I AM IN THE U.S?
ANSWER:
Yes, it is possible to stitch from a B1-B2 (visit visa) to an F1 status from within the U.S. This process must however be handled with care and clear insight to avoid unintended consequences that may potentially result in immigration violation.
A B1-B2 visa does not give the holder the status to enroll and to undertake an academic program. It is the requirement that an applicant who desires to study in the U.S should make an application for a study visa at a designated Embassy or Consulate outside the U.S. However, if whilst in the U.S as a visitor an applicant developed a desire to become a student, the law allows the applicant to change from a visitor to a student status if all the requirements are met. The normal expectation is for the applicant to leave the U.S and make an application from his country of residence. In making an application from within the U.S, the applicant must demonstrate that the desire to study in the U.S was not premeditated. In other words, the idea to study was not formed or planned from your country of residence but entirely occurred after you have entered the U.S.
The procedure involves getting an admission from a recognized institution approved by the Student and Exchange Visitor Program (SEVP). The institution then issues a valid Form I-20.The student will proceed to pay the SEVIS fee and to fill and submit Form I-539 (Application to Extend/ Change Nonimmigrant Status) to the U.S Citizenship and Immigration Services, uploading relevant documentation. The USCIS will consider the application and decide whether to grant a change of status or not. It is critically important for the applicant to ensure that at all times relevant to this application, he does not fall out of status. The application must be submitted within the validity period of the B1-B2 visa as no immigration benefit would be granted to an over stayer. If the maximum period allowed to the applicant as a visitor is running out, the applicant must apply for and secure an extension of the visitor status.
The applicant must provide a persuasive statement explaining why he is seeking a change to student status from within the U.S, why he did not leave the U.S to make the application from abroad and reasons to believe that he will be a genuine student with financial capacity to undertake the course and with intent to leave the U.S after the studies. The applicant must provide a Form i-901 fee payment (SEVIS).
If upon the submission of the application, the USCIS believes that all required information or documents have not been submitted, the applicant will normally be contacted with an opportunity to provide the missing information or documents within a specified time frame.
From our records, the USCIS are liberal in the consideration of the change of status application if well and professionally presented. If the application is successful, a mail approving and granting the change of status would be sent and usually valid from date of approval UNTIL Duration of Status (DS), meaning until whenever the study period ends.
It is very pertinent to caution that this status is not a visa and is not endorsed on the passport. If a successful applicant travels out of the U.S, he will not be let back into the country without applying for and being granted an entry visa as a student. Such applicant is to present the letter of change of status to the interviewing Consular Officer. It is however very disappointing and regrettable that those who left the U.S usually have unpleasant experience in the attempt to get a visa and return to the U.S.
Those who have changed their status to study must be wary about the risk of leaving the U.S, as a return journey may become a mission impossible. Such individuals should better remain in the U.S until their studies are completed and they switched to a higher immigration status that would not tie their return to the U.S to the pleasure of Consular Officers abroad.
Our office will be of assistance regarding filling an application to switch from a visit to study status or regarding any other immigration needs or challenges.
EDDIE ONYEKA
LEAD CONSULTANT