Changing B-2 Visa status to F-1

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Changing B-2 Visa status to F-1

I’m a 22 years old Israeli citizen, currently visiting with my family in the U.S. I have entered the U.S. on the 4th of april, which means that I have to leave the U.S. until October the 3rd. During my visit I decided that I want to apply to one of Phoenix’s community colleges. I understood that the procedure is through an I-539 form, which is an Application To Extend/Change Non-immigrant Status form. I know that when filled to extend the stay period in the U.S., an individual is allowed to stay in the U.S. until he gets a final answer to his request, whether positive or negative. Does this apply, as well when the application is filled as a change of status request, meaning that I could stay inside the U.S. until a final answer is received?

Asked on August 22, 2017 under Immigration Law, Arizona

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In order to change your status to F-1 student visa, you first must be accepted into a school/program and then the school must provide you with the necessary documentation in order to apply for the change of status from B-2 to F-1.  Yes, you will be able to remain in the US while the petition is pending.


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