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I'm currently on H4 and a citizen of India. My husband is working on a H1b visa. Can I apply for F1 in Canada, Mexico of Bahamas

Mountain View, CA |

I'm currently on H4 and a citizen of India. My husband is working on a H1b visa. I've an admit for a reputed university with a full scholarship and assistantship. To qualify for the scholarship, I need to be on F1 status before my course starts (Aug 26, 2013). If I apply for Change of Status now, it may take anywhere between 3-5 months and if I don't get it on time, I lose my scholarship. Should I just go to India to get it stamped or can I apply for F1 in Canada, Mexico of Bahamas?

Attorney Answers 3


  1. You could apply for the visa abroad and that might be faster than trying to change status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. Talk to your DSO and seek his/ her guidance on the approach. Sometimes they work with the USCIS if there is a slight delay.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  3. You are allowed to seek visa foil issuance in any place in the world where US consulate there would agree to take jurisdiction. Unlike immigrant visa, doing so in your country of citizenship or habitual residence is not required. Hence, call the consulate and ask ahead of time whether they would agree.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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