How can I get an F1 visa if my status change (B2 to F1) just got approved (e-filing the I-539)?

Asked over 1 year ago - Littleton, CO

I entered Unites Sates as a tourist (my visa status being B2), I apply to change the status of my visa while being here from B2 to F1. I e-filed the I-539 and just got a letter (I-797A) saying my application for a change of nonimmigrant status is approved. The letter also says that if I may depart from the United States I may take the I-797A with me, but to re enter USA with this new nonimmigrant status (F-1) I need to obtain a visa in the desired classification. How can I obtain that the F-1 visa? Can I do it being while being here in the USA?

Attorney answers (3)

  1. Haroen Calehr

    Pro

    Contributor Level 17

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    Answered . NO, you cannot. You must travel outside the US and apply at an embassy or consulate for the F-1 visa with the newly approved change of status approval but this is always risky. One use to be able to apply for a visa at the Visa Office of the US State Department (in the US in Washington DC) but they closed this option for non A and G (diplomats and UN Visa holders) several years ago.

  2. F. J. Capriotti III

    Contributor Level 20

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    Answered . Congratulations ... you now have status as a student and should keep in close contact and frequent communication with your foreign student adviser.

    He/she will explain that you need a 'real visa' if you leave the US. If you don't leave the US, you don't need a visa.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Samuel Patrick Ouya Maina

    Contributor Level 19

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    Answered . I agree with Mr. Calehr

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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