Annually, hundreds of tourists come to the United States in an attempt to experience its cosmopolitan cities, its culture, or to see loved ones. Others, however, are spurred to pursue opportunity in school while they are in the U.S. This then begs one very basic question: Can one shift his/her status from tourist visa (B-1/B-2) to student visa (F-1) in the U.S.?
If your answer is yes, it is legally possible. It is not flipping your status on a one-page form. It is jumping through strict deadlines, legal process, and qualification standards that you need to jump through with finesse and delicacy. We’re going to walk you through the process, the pitfalls, and what you should consider before you make this change in this article. For added protection, students may also contact experienced visa consultants who assist with the change of status process.
Is it possible? To change a tourist visa into a study visa
Important Facts Before Implementing the Change from Tourist to Student Visa
The following are some important facts to consider before initiating the change of status process:
- You are required to be admitted by a U.S. school with SEVP certification and receive Form I-20
- You need to submit Form I-539 to seek a change of non-immigrant status
- You won’t be able to start studying until your status is officially changed to F-1
- It takes too long and may take several months
- You can instead return to your country of origin and apply for an F-1 visa at a U.S. consulate
Being Mindful of Legal Possibility
It’s legally possible to switch status from a B-1/B-2 visitor visa to an F-1 student visa in the United States. But you can pursue it with caution by making an official application to the U.S. Citizenship and Immigration Services (USCIS). It does not give you a new stamp of visa. But it allows you to stay in the country with another immigration status. You should have a good visitor status upon filing and until USCIS finally approves. If approved, the status modify to F-1, but the passport will still have the tourist visa. And you have no permission to re-enter the country as a student unless you possess an F-1 visa outside the U.S.
Step One: Receiving Admission and Form I-20
Receiving admission from an SEVP-approved U.S. school is the first step in status changes. When admitted, you will be sent the Form I-20 in the mail from the school with the program description, duration, and estimated cost of study. The I-20 must accompany a request for a change of status. You should have an active start date on the form so that you will have enough time to allow USCIS to approve it. You will also need to prepay the SEVIS I-901 fee before submitting your application.
Form I-539: Change of Status
To change status from a visitor to a student legally, you have to submit Form I-539 to USCIS. The form was completed in an attempt to request a change or extension of non-immigrant status. You have to submit with the application supporting documents such as your I-20, proof of source of funds, verification of legal status in the United States at the moment, payment receipt for the SEVIS fee, and a personal statement of purpose to pursue studies. It is a lengthy process, and it may take months—six or more—and hence you need to apply well ahead of your desired program commencement date.
Knowing the Constraints in the Process
Understand that you will not be permitted to start studying until your status is officially changed to F-1. Pre-approval attendance at school is a violation of visa status and can result in application denial or even future immigration issues. USCIS also searches for whether your true intent at arrival in the U.S. was truly as a visitor. If your status change appears fraudulent or willful, your application will be denied. This is why it is vitally important that your school entry and your entry dates on your visa are identical.
Asking about the Consular Option: Departure and Reapplying
It is possible to change status in the U.S., but many students seek another solution. They depart from their country and subsequently petition for an F-1 visa at an American Embassy or Consulate in their country of origin. It is quicker and lacks the inconvenience of petitioning for an I-539 application. It does entail facing a visa interview, though, and being approved, as with any U.S. visa petitioning, is not guaranteed. But it is a decent alternative for those looking for quicker results or whose tourist visa will run out soon. Risks and Challenges Involved
Status change in America is not risk-free
If your petition is denied, your status will be out, and you will need to depart the country immediately. In some cases, it will affect future visa petitions. Delays in processing may also result in your missing your school graduation. You should avoid such delays by remaining in contact with your school’s DSO and checking your USCIS status on your petition to begin with. Presenting complete and correct documentation to start with can be a game-changer to secure approval. Why Professional Assistance Can be a Game-Changer?
Because the process of converting a tourist visa to a student visa is very complex, seeking the services of USA study visa consultants is very helpful.
These experts know the process of law, help prepare documents, and can inform you on whether it is a good idea to submit in the U.S. or return home and submit through a consulate. Getting your file reviewed by a professional consultant will save you from errors leading to rejection or a hold-up.
Wrapping Up
Yes, one can shift from a B-1/B-2 visitor visa to an F-1 student visa in America, but there are formalities of law and procedure.
You should be cautious, well-equipped, and truthful in terms of motives. Delay and risk cannot avoid. Therefore, most students consider it wise to return home and apply through the consular channel. Whatever path you decide upon, being aware and keeping in line with immigration laws is the secret to successfully embarking on your study pursuit within the United States.
