QUESTION
Can I change my visa status from B1/B2 to an F-1 even though my visa has expired?
Asked on Nov 15th, 2013 on Immigration - Texas
More details to this question:
I came in U.S with an B1/B2 Visa and I got in high school with that visa. I'm now going to graduate and I want to go to college.
4 ANSWERS
Generally if you overstayed and are now out of status you can not apply for an F-1 Visa. There may be other options (possibly DACA) for you if you want to stay here in the U.S. Consult an Immigration Attorney to walk you through the options that are available.
Answered on Nov 18th, 2013 at 8:19 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
If you are already out of status, you can no longer apply for a change of status from B1/B2 to F-1 on form I-539 while you are physically in the U.S.
Answered on Nov 18th, 2013 at 8:18 PM
This gets complicated. It depends upon your age, how long you were in high school, whether you attended a public high school and other facts. Yet, this can prove complicated if your I-94 entry card expired and how long ago. The visa is not the issue. The visa allows you to enter the U. S., but the I-94 determines how long you can remain in the U. S. I strongly recommend an appointment with a competent and experienced immigration attorney.
Answered on Nov 18th, 2013 at 8:18 PM
Bruce A. Coane
Generally, yes, if your I-94 card is valid. If the I-94 is expired, you cannot change status in the USA to F-1.
Answered on Nov 18th, 2013 at 8:13 PM