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How long can I or should I stay in the US before applying the course and change status from B1/B2 to F1 while in the US?

Bellflower, CA |

Right now I'm in foreign country and have B1/B2 visa, I'm thinking of studying in the US but the course will start in the next 6 months, I want to go to the US right now and stay there until the course starts, then change my visa status to F1 later overthere.

Attorney Answers 3


You have to get an I-20 from the school first.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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I would speak to an attorney first. I foresee some intent issues. And my colleague is correct that before obtaining a student visa, you have to be accepted into the school and have Form I-120.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Your plan is full of potential heartaches.

1. The process of COS from B to F takes 4-6, or more, months.
2. If you file for F w/in 90 days of arriving ... immigration can accuse you of having 'deceived' the border guard when you came in and declared yourself to be a tourist.

Get an I-20 and go to the US Consul to get the proper F visa.

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.

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