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  • F1 visa adjustment

    Actually you don't have to leave yet. You can apply for the f1 visa while here. A friend did that. After touring, he decided that he wanted to attend an American school. His f1 visa was denied at first because they wanted proof that he was actually a tourist with only tourist intentions when he entered. He requested that they reopen the case and He sent in all kinds of Tickets and stubs, gas receipts, hotel receipts. (He actually did come here with tourist intent. He visited everything from Disneyworld to the Grand canyon and had all of the receipts.) He got a letter from the international dean of students and submitted all of the proof of his original intent and the INS approved his F1 visa the second time around. He was allowed to stay in the US even with an expired tourist visa while a decision was pending. It won't hurt to try. Gather all of your receipts and then submit the paperwork. If they deny you, then request that they reopen the case and submit your proof. Good luck

  • #2
    Actually you don't have to leave yet. You can apply for the f1 visa while here. A friend did that. After touring, he decided that he wanted to attend an American school. His f1 visa was denied at first because they wanted proof that he was actually a tourist with only tourist intentions when he entered. He requested that they reopen the case and He sent in all kinds of Tickets and stubs, gas receipts, hotel receipts. (He actually did come here with tourist intent. He visited everything from Disneyworld to the Grand canyon and had all of the receipts.) He got a letter from the international dean of students and submitted all of the proof of his original intent and the INS approved his F1 visa the second time around. He was allowed to stay in the US even with an expired tourist visa while a decision was pending. It won't hurt to try. Gather all of your receipts and then submit the paperwork. If they deny you, then request that they reopen the case and submit your proof. Good luck

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    • #3
      It used to be the case that it was possible to change from tourist to F-1, but since a few months back, it is not possible anymore, UNLESS you stated to the visa officer at POE that even though coming in as a tourist, your intention is to study. For example, if you want to go tour different campuses before making a decision.

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      • #4
        If you don't mind, could you site that new policy. I have not seen anything like that on any board or INS policy change. I only find that it is against the law to apply for a tourist visa with the intention of changing it when the immigrant gets here. Where did you find that information? Thanks

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        • #5
          Not sure what regulation # it is off the top of my head. Here's information from the website of a US university though, and it explains clearly what the new regulation states:

          http://www.oie.cmich.edu/INS/b-2tof-1.htm

          And of course, someone coming in on the VWP can not change status:

          http://www.ins.gov/graphics/howdoi/NIeligibility.htm

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          • #6
            OK thanks, I will look at that this evening.

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            • #7
              I looked at that page. It is informative, but it does not say that ya can't adjust status from tourist to student if you change your mind about touring and decide to apply for school.

              I still don't see any reference to where the law was changed to no B-2 tourist adjustments unless you stated your intent at the POE. It just suggests it might not be easy. The intention to be a "prospective student" thing looks like the tourist had to state that to the consulate before getting the visa. That would make more sense than waiting until he arrives at the POE and then springing it on the officer there. But, who knows.

              I don't read anywhere that you can't change status from tourist to student anymore if you did not state your prospective student intent at the POE. My friend never stated that cause it was not true. He was a sucessful adjustment to student.
              Best thing for the poster to do is call INS and ask them. Changing to student visa has been done sucessfully many times and has failed also. The petitioner has the burden of proof of intent. If he is truly a tourist and can prove it, he seems to have a good chance at approval.

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              • #8
                I think the confusion comes from post 9/11 when they were talking about changes that were going to be made.

                Per the INS website, you can adjust your status to an F1.

                http://www.ins.gov/graphics/howdoi/academic.htm

                That was modified in Nov 2001.

                The safest thing to do would be to call the INS to find out like Miki said.

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                • #9
                  I work in the international students office at my university, and I know up until a few months ago, students that came on a B visa used to be able to go to school, and we used to change status for students from B to F on a regular basis regardless of how and when they were submitted to the University, and were always successful. After the change in the law a few months ago, we stopped doing it, and as far as I know, no one has even requested our help with it.

                  I did mention in my first post that it is possible to change status if you inform the visa officer that it is your intention to change from B to F after touring.

                  As the page states, it all depends on timing. If one has been admitted to a school before arriving on a B visa, then it is not possiblt to change. So that narrows it down to not applying & getting admitted to a university inside the US, and then if you can prove, as you stated, that the intention was to actually come as a tourist, it may be possible.

                  In my experience, the vast majority of students that used to come with a B visa had been admitted before they entered the US, and that's probably why no students have approached our office to request help with this type of COS.

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                  • #10
                    In the 3rd paragraph, that's supposed to be "...university until inside..."

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                    • #11
                      The actual law from the INS webpage is here:


                      http://www.ins.gov/lpBin/lpext.dll/i...e.htm#slb-8cfr

                      214 and 248 are what we are interested in right now.


                      In the paragraph 248-1 : Eligibility it says :

                      "(3) A nonimmigrant who is admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after April 12, 2002, or who files a request to extend the period of authorized stay as a B-1 or B-2 nonimmigrant on or after such date, may not pursue a course of study at an approved school unless the Service has approved his or her application for change of status to a classification as an F-1 or M-1 student. The district director or service center director will deny the change of status if the B-1 or B-2 nonimmigrant enrolled in a course of study before filing the application for change of status or while the application is pending before the Service. "


                      To me, that means that NOW you have to apply FIRST with the INS to get your F1 visa BEFORE you enroll in a class. It used to be that you could enroll and then change your status. You can't do that now but you CAN adjust your status from a B visa if you came here after April the 12th. It makes not mention of mentioning anything to the INS officer at the POE.

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                      • #12
                        Thanks Marie, that does clarify it.

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                        • #13
                          I posted on the same response on the one entitled B2 visa. New regulation came out last March or April 2002. Alien students should obtain their F-1 from their country of origin before enrolling in any US schools.

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                          • #14
                            Don't take my word for it though, I'm not a lawyer. Just had nothing better to do this afternoon while the baby was napping ; )

                            That's the way *I* read it.

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