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b1 visa and going to High School

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  • #16
    Here's info on switching from B2 to F1 from an Indian immigration website. Even if you are able to do so, you will still need to follow the rules regarding payment I mentioned in an earlier posting. That is, you will have to pay the full cost of the public school (schools are not "free", but subsidized by the taxpayer, and each student costs several thousand $ a year).

    "In most cases, successful applications for a visitor visa will be given a multiple entry visa stamp that stays valid for ten years. The stamp will often say "B-1/B-2," indicating the person can use the visa to enter to conduct activities falling under either classification. Note that a multiple entry, multiyear visa DOES NOT mean that a person can stay in the US for as long as the visa is valid. Rather, the US has a "two ticket" system to entering. The visa is your first ticket and allows you to seek admission at a US point of entry (an airport in the US, a land crossing port, or a US port). The INS inspector at the point of entry will issue a second "ticket," the white I-94 card authorizing the visitor to stay in the US for a specified period of time (normally 30 days subject to a maximum of six months). Thus, the 10 year visa would allow a person to seek admission multiple times over the 10 years. But an inspector will determine the length of time authorized for each visit. It is sometimes possible to change from a B-1 or B-2 visa to another visa once in the US. Readers are cautioned, however, that the INS could deny a change of status request if they believe the person entered with the intention of switching to another visa. This is particularly true for changes to student visas and when someone applies for a change very soon after entering the US. Change requests made within 30 days are particularly suspect unless a good explanation for the change of heart can be provided or the intention to apply for a change was disclosed in advance to a consular officer or INS inspector. Nationals of some countries are allowed to participate in the Visa Waiver Pilot Program (VWPP) which allows visits for up to 90 days without having to obtain the B-2 visa. Only Canadian citizens are exempted from getting a visa under a different law, and landed immigrants should apply for visitor visa at the US consulate under the new rules. While being able to travel without a visa is convenient for many, it is important to be aware of a few key restrictions on people entering under the VWPP. First, unlike a normal B-2 visas under which a visitor will be authorized to stay for maximum six months, VWPP entrants can only stay for 90 days. Second, it is not possible to apply for an extension of stay or a change of status to another non-immigrant or immigrant classification. Finally, a VWPP entrant can normally not apply for a new visa at a US consulate in Mexico or Canada and reenter the US."


    • #17
      from another immigration law website:

      F1 Visa
      This visa is for students qualified to attend full time college, university, conservatory, academic high school (subject to strict regulations) and any institution with language-training programs in the United States. Basic Requirements:
      The student must have completed the course of study required of all students entering the program;
      Be proficient in English;
      Proof of sufficient, easily transferable funds to cover cost of living and tuition.
      The school must provide the student with a
      Form I-20 A-B.
      Required Documentation when applying for the visa:
      Non-refundable $100 application fee (subject to change);
      Form DS-156, completed and signed ;
      Form DS-157 Supplemental nonimmigrant visa application. All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, they should fill this out along with DS-156.
      Effective August 1, 2002, all applicants seeking F, M and J visas and their dependents must complete form DS-158 [Contact Info and Work History for NIV applicant]. This form is in addition to the mandatory DS-156 application for a nonimmigrant visa and form DS-157 that is required for males between the ages 16 and 45.)
      Passport validity of at least six months beyond end of intended stay;
      One photograph 1" square;
      Form I-20 A-B (from school);
      Evidence of sufficient funds;
      Supporting documents satisfying the consulate that the student intends to leave US after completion of studies.

      Transferring Schools
      To transfer to another school, the student must complete a new I-20 form and submit it to the designated student officer at the new school. This must be within 15 days of beginning class at the new school. The designated student officer of the new school who must then send a copy to the officer at the first school and to the USCIS must endorse the I-20. This must be done within 30 days of receiving the I-20 from the student. If the foreign student had employment authorization, it is terminated upon a change of schools.

      A similar process is required to change the educational program within the same institution. However, the student will not lose the employment authorization in this case.


      • #18
        Sounds from the later paragraphs, above, that he may have problems proving intent to go home BECAUSE he has relatives here. Which means probability of getting transfer is pretty low.


        • #19

          Yes I also found it strange that they did not specify a time for his stay.... His passport has a stamp and no date like they always do....


          • #20
            Not the passport but the I-94 card. Are you sure the I-94 card didn't fall off? It is usually stapled to a page. It is not a stamp.

            It should say at the top "Departure Card" or something with the word "Departure" on it.

            The reason I don't think it is a stamp is that typically right before the plane lands (assuming your brother in law came in by plane but I guess it is the same for all carriers) in U.S. the flight attendants pass out these white departure cards that the passenger fills out. Then at immigration in the airport the officer determines the purpose of your stay and the allowed time period and then puts a date at the top.


            • #21
              For those cases where there is a duration of status (meaning there is no indication on the departure card a departure date, such as for an F-1 student who is allowed to be here for as long as she/he enrolls full time) then no unlawful presence accrues until the INS actually determines so (like in a proceeding). I read that in an BCIS memo.


              • #22
                Yes the 2 stamps (on passport and the white card) DO NOT show a date...Just a port of Entry.....

                I know what u r talking about. All people I know have a date to leave (expiration) EXCEPT this kid....

                The INS officer asked him how long he wanted to stay and he said " I don't know" and the INS officer left it open and just stamped his passport. I know it is strange but that's what they did......


                • #23
                  Yes the 2 red stamps (on passport and the white card I-94 I guess is what's called) DO NOT show a date...Just a port of Entry.....

                  I know what u r talking about. All people I know have a date to leave (expiration) EXCEPT this kid....

                  The INS officer asked him how long he wanted to stay and he said " I don't know" and the INS officer left it open and just stamped his passport. I know it is strange but that's what they did......


                  • #24
                    Sounds like you should go ahead, as soon as you can, get a school that issues an I-20 (probably a private school -- expensive) and once you get that file for the F-1 and at the same time a change of status (i-539?)

                    He will be in the clear as far as lawful presence go until the F-1 and COS is adjudicated. Then if they are granted, great. If not, your brother in law will be given a specific time by which to depart U.S.


                    • #25
                      Sometimes an English school will issue I-20 and this is only a suggestion as it might be less expensive. But this kid should be going to a regular high school sooner or later.


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