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Can US citizen spouse with visitor visa attend school?

San Francisco, CA |

A US citizen spouse, received graduate school admission offer as international student, entered US with b1/b2 visa, will file change of status to permanent resident in the US later, can she attend graduate program on b1/b2 visa now? will it affect her change of status later?

Attorney Answers 3


Tourists are not allowed to attend school. Your spouse will need to file for your green card before you can go to school in the US.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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Is this 'spouse' a US citizen or not?

If this person is in the US on a tourist visa ... NO a tourist can not attend school.

If you're thinking of filing for an adjustment of status ... and that was the intention when she entered the US .. TALK TO A LAWYER before you file anything.

There are issues regarding her having 'hidden' immigrant intent when she entered and/or got the visa ... that's a nice word for 'fraud'.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Your question does not make a lot of sense but I guess a short answer, a person who has a tourist visa cannot attend school without first changing status.

Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.

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