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B-2 visa extension / Reason for Extension evidences

New York, NY |

Hi.
One of my reasons for extension of my b-2 visa was to continue taking non-credit courses from a college. During my stay, I've discovered a reputable college offers non-credit courses that does not require any student visa. So I thought it'll be helpful for my career in my home country. I've also declared my candidacy for certificate. (still non-credit and student visa not required). But I need few more months to complete the program, that's why I've applied for extension and gave this reason with proofs like my non-credit transcript and an intent letter from university's dean that I need to take more courses to complete the program. Do you think this is a strong reason for extension or on the contrary it's not a good reason since it's about education even student visa is not required.

Attorney Answers 3

Posted

The decision to stay in the US for more than a visit can complicate your future visa rights. You really need a student visa if you ever expect to return to the U. S. after non-credit study is over.

This long period of stay gives a consular official or CBP Official a reason to think that you have engaged in unauthorized employment.

I strongly recommend an appointment with a competent and experienced immigration attorney before you further complicate matters. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

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Asker

Posted

Thank you. It's a still stay for visit but with few courses designed for people like me. There are lots of foreign students taking these non-credit courses and dont have student visa. The program is not eligible for studen visa requirements. I just didn't want to give usual reasons like visiting other cities in US but be honest and want to complete this program and return to my country immediately. And I didn't understand what you mean by "You really need a student visa if you ever expect to return to the U. S. after non-credit study is over. " ? Thank you

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Still need a good counsel.

Asker

Posted

Hi Thank you for your replies. Actually I'm a little worried if presenting this study in my application would lead them to decide that I violate the terms of my b-2 visa. They are non-credit courses and the school definitely states that these courses do not require any student visa. Maybe withdraw request would be better than waiting for the decision? I'm in between whether to wait for their decision for my extension application or just withdraw asap before things get complicated and make problems for my future visits. I would like to make an appointment with an attorney but if you can guide me for first, I would really appreciate that. Thank you!

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Only during a personal meeting these issues may be properly advised.

Posted

No, that is not a good reason for a B-2 extension.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

Hi. I, whose principal purpose of travel is tourism, but who plans to continue also in a short course of study (less than 18 hours per week) are properly classified for B-2 visas. ((CT:VISA-1668; 07-26-2011) ) So If I'm classified why do you think it's not a good reason for extension? I've also showed my strong ties to my home country and return ticket. Of course my main reason is for vacation, this study is also my second reason.

J Charles Ferrari

J Charles Ferrari

Posted

Because USCIS will claim that is just an excuse to remain in the US.

Asker

Posted

I see but it's my secondary reason and clearly stated that that I will promptly return to my home country after this extension. My main reason is to see more cities in summer (explained this in my letter) and take courses in fall term. I've also presented the official letter from the program dean so I thought it's not an excuse but a clear and honest reason for my extension.

Asker

Posted

So if you believe that I will probably get a denial, do you suggest me to change my reasons for my stay. It's still in initial process or maybe consult an attorney to overcome any problems. Thank you

Posted

Please refer to the below FAM.

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===========================
9 FAM 41.61 N9.2-1 B-2 Visa for Visitor Who Will Engage in a Short Course of Study
(CT:VISA-1668; 07-26-2011)
a. Aliens whose principal purpose of travel (see 9 FAM 41.31 N6.1) is tourism, but who plan to engage also in a short course of study (less than 18 hours per week) are properly classified for B-2 visas. You must determine whether the content of the course qualifies as a short course of study. If the student plans to spend a week or more of full-time study (more than 18 hours per week), and/or earns academic credit or completion of an academic program of study in the United States, then an F-1 or M-1 visa is required. You should annotate the visa as follows: "STUDY INCIDENTAL TO VISIT; Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-for Academic and Language Students NOT REQUIRED." (See 9 FAM 41.31 N13.6.)
b. An alien enrolling in such a school may be classified B-2 if the purpose of attendance is recreational or avocational. When the nature of a school's program is difficult to determine, you should request from DHS (SEVIS.source@dhs.gov) the proper classification of the program and whether approval of Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students, will be more appropriate. (See 9 FAM 41.31 N14.8.)
c. Currently, aliens traveling to the United States to attend seminars or conferences that are required to earn a degree are not eligible for B visa classification. This category includes students engaged in an on-line course of study traveling to the United States for academic consultations or to take examinations. In the case of an alien traveling to the United States to attend seminars and conferences for credit toward a degree, the study is neither incidental to a tourist visit, avocational, nor recreational.

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Posted

Thank you very much. A defines me exactly. I am whose principal purpose of travel plans to continue in a short course of study (less than 18 hours per week). I just want to complete this program and return to my home country.

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