Legal Question in Immigration Law in Brazil

I am Planning in Visiting my sister in the USA, and was wondering... if I like it there, how do I go about in staying there legally. I have a 5 year B2 Visa. Can I apply for a student visa while in USA soil? or do I have to come back to Brasil to do that? If I get a student visa am I allow to work?

As an Immigration Lawyer tell me what's the easiest way to stay in the USA legally working or going to school? I just graduated from college in Brasil and would like to improve my English.

Thanks

MP


Asked on 9/09/10, 12:31 am

4 Answers from Attorneys

Luba Smal Smal Immigration Law Office

You can't stay permanently in USA on a B2 Tourist visa.

It's better to apply for a Student visa abroad at the US consulate after being admitted into certain program and school in the USA. However, sometimes it's possible to apply for a change of status from B2 to F1/Student while already in USA.

No, a foreign student on a Student visa is not authorized to work, except on campus.

If you seek a case-specific advice, you are welcome to email me directly to schedule a consultation. I need to know more to advise you. This forum is for providing basic immigration-related information only.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at Attorney @law-visa-usa.com and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 9/09/10, 6:33 am
Rosa Julia Pla Coelho Pla Coelho Advocacia

The B2 visa is available for tourist activities, such as sightseeing, visiting friends and relatives, obtaining medical treatment, attending conferences and meetings.

Persons planning to travel to the U.S. for a different purpose such as studies, work, etc., must apply for a different visa in the appropriate category.

Requirements for the B2 Visa

To qualify for the B2 travel visa, you must prove that:

A. The purpose of your trip is to tour the U.S.

B. You have a permanent residence in your home country that you have no intention of abandoning

C. You have binding ties to your home country in the form of property, family, or a permanent job

D. You are not coming to the U.S. to provide services or engage in business activities that are primarily for the benefit of a U.S. employer

E. You have sufficient financial resources to fund the trip including all travel, accommodation and living expenses during your stay in the U.S. If you do not have sufficient financial resources to fund the trip, a sponsor must provide evidence that he/she will provide support

If you would like to pursuit any kind of studies in teh US, you need a student visa (F1, for example). You have to get this visa in Brazil. The American Consulale will ask you for some confirmation from the school you will be attending the course at to really consider you a serious candidate for it.

The F1 visa is a nonimmigrant visa for international students who are qualified to attend a full course of study at colleges, universities, conservatories, academic high schools (subject to strict regulations) and institutions with language-training programs in the U.S.

Again, you can not legally work in the US if you have a student visa.

Hope you make your dream true! Good luck!

Rosa J�lia Pl� Coelho

Advogada S�cia

Pl� Coelho Advocacia

P�tio Dom Lu�s - Torre Corporate

Rua Marcos Macedo, 1333, Conj. 2101

Aldeota, Fortaleza/CE- Brasil

CEP: 60.160-190

Fone/fax +55.85.4011.5972

www.placoelho.com

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Answered on 9/10/10, 8:38 am
Rosa Julia Pla Coelho Pla Coelho Advocacia

You are welcome.

If you need any more help, just write back,

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Answered on 9/10/10, 8:58 am

Before anything else, thanks for writing me at LawGuru.com

Working. Your B2 is good. Additional information: www.uscis.gov

Any doubt or another question, let me know it please.

Thank you very much for visiting me at LawGuru.com

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Answered on 9/11/10, 9:00 pm


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