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  • gap between visas

    Hi,

    I have a question, hope someone can tell me how it works: my brother has a visitor visa that expires on December 23, 2006 and wants to change the status to a student status (without leaving the USA) but the school starts on January 4, 2007, can he do it or it is impossible because of the gap between the visas? He called the immigration toll free number twice and got different answers: once they told him he can do it if he sends I-539 before the experation date on B-2; the second time he was told he can not do it because he must be on valid status until January 3, 2007.

    Do you know how it works?

    Thanks a lot for your help.

  • #2
    Hi,

    I have a question, hope someone can tell me how it works: my brother has a visitor visa that expires on December 23, 2006 and wants to change the status to a student status (without leaving the USA) but the school starts on January 4, 2007, can he do it or it is impossible because of the gap between the visas? He called the immigration toll free number twice and got different answers: once they told him he can do it if he sends I-539 before the experation date on B-2; the second time he was told he can not do it because he must be on valid status until January 3, 2007.

    Do you know how it works?

    Thanks a lot for your help.

    Comment


    • #3
      why doesn't he just return to his own country and apply for a student visa? (answer: because he lied to our embassy when he got the tourist visa about his so-called plans and is afraid they will refuse his student visa request...)

      Comment


      • #4
        I think he has to go back and apply at the embassy for a student visa. If he complies with his I-94 and exit before his stay expires he will have a good chance at his interview.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
          why doesn't he just return to his own country and apply for a student visa? (answer: because he lied to our embassy when he got the tourist visa about his so-called plans and is afraid they will refuse his student visa request...) </div></BLOCKQUOTE>

          1. He didn't lie in the embassy because he got his visa 5 years ago and he was in the USA 4 times so far, never overstayed his visa, moreover he never stayed in the US for longer than 4 weeks (always got I-94 stamped for 6 months). His tourist visa is valid until 2011. This is the first time when he wants to stay 6 months.
          2. Even if it is your first time when you apply for any kind of visa in the US embassy, you have maybe 5% chance to get a student visa in Poland. I know a woman who applied for a student visa to study at Princeton (Ph.D) and they refused to give her. She has never applied for any kind of visa before. I also know a man who got his student visa for one year (law, Columbia University), then he wanted to be honest and came back to Warsaw to obtain the second visa for the next years and heard from the consul: "we are sorry".

          So if you do not know if somebody lied or not - just do not say anything. You think that everyone comes over here to break the law or because he/she lied in the embassy. My brother didn't have to do that, he is a MD who just wants to improve his English at university. He is attending the university right now but only 10 hours a week and if he wants to study full time, he needs a student visa.

          Comment


          • #6
            Actually, Poles have a very high rate of overstays (lying to get visas) which is WHY it's so tough for your brother or fellow countrymen to get one. Also, from what you just said, your brother apparently knew he wanted to "improve his English" by studying at university before he came over THIS TIME, which suggests that he should have applied for a STUDENT visa and not used his visitor's visa. From what I've heard (I'm not a lawyer), it will be difficult for him to get a student visa without returning to his homeland; that it's tough for ANY "visitor" to do this after 9/11.

            Comment


            • #7
              He has to go back to his country and apply for a student visa.PERIOD.
              Gaining a student visa is simply not the easiest thing by the way.People talk about it,like you can just apply and get it.The school you want to be a student at,has to fill out tonz of paper work as well.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kira1:
                Hi,

                I have a question, hope someone can tell me how it works: my brother has a visitor visa that expires on December 23, 2006 and wants to change the status to a student status (without leaving the USA) but the school starts on January 4, 2007, can he do it or it is impossible because of the gap between the visas? He called the immigration toll free number twice and got different answers: once they told him he can do it if he sends I-539 before the experation date on B-2; the second time he was told he can not do it because he must be on valid status until January 3, 2007.

                Do you know how it works?

                Thanks a lot for your help. </div></BLOCKQUOTE>
                Your friend will need to file the I-539 ASAP to adjust status from B visa to H visa, along with the appropiate fees and documents. This link should provide the necessary info. Look for How Can I Change My Nonimmigrant Status to Become a Student If I Am Already in the United States?
                You first must apply to study at a USCIS-approved school in the United States*. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should send you USCIS Form I-20 A-B/IID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students). You must submit this form and a USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) to the USCIS. You must also prove that you have the financial resources required for your education and stay in the United States. For more information, please see How Do I Get Permission to Change to a New Nonimmigrant Status?.

                *Please be aware that if you have been admitted as a B-1 (Temporary Visitor for Business) or B-2 (Temporary Visitor for Pleasure) visa holder, you may not begin your program studies until your application for these studies is approved."
                "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                Comment


                • #9
                  to the OP: EFF off. This clown is a liar...if he really is a doctor, how can he be absent from his alleged 'practice?' -- and why does he need to speak English if the language of his own country is something other than English?
                  So pardon me (not)if I don't believe a word you are saying....too bad.

                  Comment


                  • #10
                    Hudson is very accurite in giving the right explanation. As usual Someone 12 will say the evil word before he thinks. He assumes........
                    I trust the person saying that the brother is MD
                    Well, her brother wants to have a career and when you speak English it is very advantage for him as a MD in his country.

                    People like him are needed in USA , not ignorant ones.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">why doesn't he just return to his own country and apply for a student visa? (answer: because he lied to our embassy when he got the tourist visa about his so-called plans and is afraid they will refuse his student visa request...) </div></BLOCKQUOTE>

                      Someone12, remind me to buy you a couple of beers if we ever meet in person. No one could've said it any better.

                      Immigrants don't like to be called out on their acts, you know that. And on public immigration forums? Even less!

                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Hudson is very accurite in giving the right explanation. </div></BLOCKQUOTE>

                      Rats love other rats like Hudson. Why? B/c all rats relate to each other!

                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">As usual Someone 12 will say the evil word before he thinks. He assumes........
                      </div></BLOCKQUOTE>

                      Listen rat, S12 KNOWS what he's talking about, which is why rats like you hate people like him and me. We say it like it is and call out your fraudulent intentions.

                      Yup! That's why you hate people like him and me.

                      Comment


                      • #12
                        Dmartmar:

                        I am not judging what you wrote. I trust you. But it was your choice. There are thousands of stories like yours and worse. Let me share with all of you what I heard few hours ago by a friend of mine.
                        A 33 years old lady from Ukraine( from a small poor town marries a US citizen 52 years old who is on wheel chair). The lady named Nadia has a son 16 years old from her previous marriage hopefully in Ukraine. The american guy goes to Ukraine through marriage agency and brings her to USA on K-1 visa. She is now complaining as she has to stay all the day inside doing everything. So, do I blame the woman? No, because she wanted to get out of the horrible poverty she used to live, sure calculated to marry a guy old on wheel chair and even not speaking English. Did the guy calculate? Sure. He needed a "slave", now he says to her he is not sure if he is going to marry her. How the story will go on? For sure the pretty Ukrainan will find all the ways to stay and it will serve the guy right when she leaves him. So, it was his choice.

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Dmartmar:

                          I am not judging what you wrote. I trust you. But, it was your choice. There are thousands of stories like yours and worse. Let me share with you all what I heard a few hours ago from a friend of mine.

                          A 33 year old lady from Ukraine ( small poor town girl) marries a 52 year old US citizen who is on a wheel chair. The lady, named Nadia, has a 16 year old son from a previous marriage in Ukraine. The american guy goes to Ukraine through a marriage agency and brings her over to the USA on a K-1 visa. She is now complaining she has to stay inside the house all day, doing everything. Do I blame the woman? No, because she wanted to get out of the horrible poverty she used to live in, surely calculated marrying an old guy in a wheel chair. She doesn't even speak English. Did the guy calculate? Sure. He wanted a "slave," but now he says he's not sure if he'll marry her. How will the story go? For sure, the pretty Ukrainan will find all ways to stay and it will serve the guy right when she leaves him. So, it was his choice. </div></BLOCKQUOTE>

                          You just proved me right. Thank you.

                          And I truly hope that the guy on the wheelchair sends your friend back to whatever rathole it was she came from.

                          After all, it was her choice.

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">You think that everyone comes over here to break the law or because he/she lied in the embassy. </div></BLOCKQUOTE>

                            Your brother will not break the law if he leaves, applies for a Student Visa in whatever rathole country it is you both come from and if approved, he'll come back. That easy.

                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">My brother didn't have to do that, he is an MD who just wants to improve his English at a university. </div></BLOCKQUOTE>

                            Geez, how many more times will your brother have to come back before he feels his English has improved enough to NOT EVER come back? I mean, with a five year Visa, his English should be up-to-speed by now!

                            But, he can learn English back in your rathole home country so, why the US?

                            Comment


                            • #15
                              You might note, too, that Poles can go to England, where English is still spoken, in order to practice his English. After all, Poland is now part of the EU.

                              Inspector45, if this guy is really a medical doctor, there are plenty of routes for him to come here legally. If he doesn't use them, well, it should make you wonder how good a doctor he really is if he can't find a hospital to sponsor him.

                              Comment



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