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Thread: gap between visas

  1. #1
    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. #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.

  3. #3
    Someone12
    Guest
    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...)

  4. #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.

  5. #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.

  6. #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.

  7. #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.

  8. #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

  9. #9
    Someone12
    Guest
    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.

  10. #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.

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