Extend B2 status or Change of status from B2 to F1?

Asked over 1 year ago - Amarillo, TX

Im here in the US for almost 3 months now and my B2 status expires on April. This is the second time I visited here (if that matters). I want to apply to college this Fall (August) semester. So I have 4 months gap between my status expiration and the start of the semester.
My questions are
1. Should I extend my status now and if granted, apply for a change of status at least 2 months before the semester starts?
2. Is that going to be too risky? Am I more likely to get denied of F1 change if I extend then change?

Attorney answers (3)

  1. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . If you file for extension of B, then change-of-status to F, it will be risky ... but probably not in the way you were thinking.

    Yes, you need to show you have non-immigrant intent .... which may be difficult given your frequent 'visits' to the US.

    But, the bigger problem will be that they may take a long a long time to process the B extension ... not making it possible for you to get the F in time for school in the fall.

    Is there anything else you're not telling us? Possible boyfriend/girlfriend? Family member that has the potential to sponsor you for a greencard?

    All of this must be taken into consideration.

    Meeting with an immigration attorney would be a wise thing to do.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Jose Antonio Moreno

    Contributor Level 15

    3

    Lawyers agree

    Answered . You should speak with the international student coordinator at the college--they provide good advice and have inside knowledge of the acceptance process and its length.

  3. Mary Carmen Remigio Madrid-Crost

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You should be admitted to a program that is flexible to allow you to enroll as soon as your B2 status expired in April. Approval of your application to change status from B-2 to F-1 is a requirement prior to being alloed to enroll in the program. Be warned that any form of misrepresentation will have an adverse effect on any future applications for immigration benefit. As such, you must consult with an immigration lawyer.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street,... more

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