Sunday, October 1, 2023
HomeBlogA major shift in USCIS policy concerning F-1 change of status applications

A major shift in USCIS policy concerning F-1 change of status applications

To change one’s immigration status to another nonimmigrant status, a person who entered the US with a visa must follow a technical procedure called a “change of status,” overseen by the Department of Homeland Security’s Citizenship and Immigration Services agency. Changing status can occur when a B-2 tourist enters the country, finds a school that accepts them, and applies for F-1 status.

The B-2 visitor to F-1 student change of status procedure has become more complex and expensive due to a policy implemented by the Trump administration.

Visitors with B1/B2 visitor visas usually receive six months of “status” after passing inspection. Only three more months are left for this person to apply for F-1 status beyond the recommended 90-day waiting period. B-2 status is no longer valid after the expiration of the B-2 status, so if the individual uses an I-539 to change their status to F-1, it is evident that the B-2 status will be revoked.

To expedite the immigration process, consult a Dallas family immigration lawyer to be on your side. 

There are no longer any additional obstacles to switching to an F-1 visa.

The policy has now gone back to how it was before Trump, essentially with the sweep of a magic wand. A person who requests a change of status to F-1 is now given the same consideration as other change of status requests. Under the difference, an individual can now apply to change status before the expiration of the status they are changing from while staying in the US authorised to do so. Additionally, the status change is now possible.

Travelling following a status change

Let me conclude by reminding the readers of this essay about the drawbacks of shifting status to F-1. A new visa is not given out when your status changes. A visa is a document that a US consulate stamps into a person’s passport, enabling the bearer to request inspection-based entry into the US.

USCIS does not issue visas for entry into the US on US soil. Additionally, visas are class-specific. In other words, a person with a B1/B2 tourist visa is only permitted to apply for admission as a B1/B2 guest, not as an F-1 student. Therefore, once a person’s status has been changed from B-2 to F-1, they cannot leave the country and come back to continue their studies as an F-1 student. The applicant must submit a new F-1 visa application to the US consulate.

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