Legal Question in Immigration Law in Louisiana

Changing visa from visiting visa to student visa

Can we change a visiting visa to a student visa while we are legally visiting the United States?


Asked on 2/26/04, 1:46 pm

4 Answers from Attorneys

Myron Morales Lee Lane Smith LLP

Re: Changing visa from visiting visa to student visa

Yes, you can ask to change your status, but do not remain in the U.S. for more than 180 days after the B-1 status expires if the F-1 is still not approved. Or else, you will trigger the 3 year bar.

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Answered on 2/26/04, 2:15 pm
Fariba Faiz Law Offices of Fariba Faiz

Re: Changing visa from visiting visa to student visa

If entered on a valid visa (not through the visa waiver program) then it is possible to apply for change of status from visitor to student.

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Answered on 2/26/04, 2:32 pm
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: Changing visa from visiting visa to student visa

If you enterend with a visa (not on a visa waiver) it is possible to change status from B-1 to F-1.

Sometimes the issue is raised as to whether the applicant had the intention to apply for a student visa at the time of his/her original admission when his/her stated purpose was to travel for leisure.

By and large, the more time between the original entry and the application to change status, the weaker the inference that the B-2 visa was misused.

Regards,

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Answered on 2/26/04, 4:01 pm
Neena Bohra Law Offices of Neena Bohra

Re: Changing visa from visiting visa to student visa

It is possible to change your status from a B-2 visitor visa to an F-1 student visa. You need to make sure your underlying status is valid so that you do not run into bar issues upon re-entry. You may want to think about extending your B-2 visa while the F process is pending.

You may email me for a consultation.

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Answered on 2/26/04, 4:28 pm


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