I am a legal alien in the US , and in September this year I have the option to obtain the US / dual citizenship . My sister and her 13 year old son would like to spend 1 to 1 1 / 2 years here in the US , they are German . From my research I see that the best and easiest option would be F1 visa , but she cannot change the status from visa waiver to F1 without leaving the US , correct ? Further , how long will it approx . take to get the F1 visa , and to enter the US ? Further , could she seek employment off campus ? Thank you very much in advance for your assistance !
If the purpose of the trip is to study in the US, then yes, F-1 would be the proper visa.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
If she applies and gets an F1 visa and then fails to attend the college she will be deported even to Germany. As to whether she need to leave to file, it is true. It will take about a month in Germany to get an interview, provided the college related documentation is in order.