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Can I change from B1/B2 to F2 being in the USA?

New York, NY |

Hi!
I came to US by b1/b2 visa, now i want to change it to f2.
My wife (we got married 4 months ago, when i came to the states) is studying here. We have a baby whom was born here 3 months ago.
Now i can't go back to my mother land to get a visa, because my wife doesn't have a visa but just valid I-20 form.
Do you think I should apply for a status change here or should we go to Canada to get visas?
What is more safe for us?
Thanks,
Alex

Attorney Answers 2

Posted

In general, a visitor who has not violated his/her status can apply in the U.S. for change of status to F-1, and the International Student Avisor at the school can be an excellent (and cost-free) resource for processing the change of status. Note that F-1 nonimmigrant visa status contemplates that the applicant intends to study in the U.S. and return abroad, and you should be prepared to address how that applies to you notwithstanding your marriage to another foreign student.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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Posted

I agree, unless she maintained status, you will not be able to change status. If the overstay has not passed 180, go and do a consular processing. You need to talk to a good lawyer who can help you.

Good Luck
Shah Peerally
Note: The above is provided for informational use only. One should not act or refrain to act based solely on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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