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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


  1. 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.


  2. 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.


  3. Please refer to the below FAM.

    If my answer was helpful, please mark helpful or select as the best answer. It encourages me and other lawyers to answer your questions.
    ===========================
    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.

    If my answer was helpful, please mark helpful or select as the best answer. It encourages me and other lawyers to answer your questions.

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