QUESTION
COS to f1 from home country after applying & appoved F1 status
Asked on May 23rd, 2016 on Immigration - Massachusetts
More details to this question:
I have started my masters in fall 2015 with L2 visa. I have applied for F1 COS &got an approved letter - but the COS will be valid from sep 2016.I would want to go to my home country and convert my visa to f1. My university suggested me the following options & risks: 1. Go to home country now & apply for fresh visa ( COS gets cancelled) Dis: The advisors in my university told me I could be subject to administrative processing which could go beyond 3 months ( because I already applied and got an approval for COS f1 status) . However I need to report to university by Sep 1 or will be terminated. 1. What are the pros &cons of applying for F1 visa after approval of COS and before start date of F1 status. 2.Generally on what reasons are ppl given administrative processing? Option 2. Continue being in the US &my status would be active from September 1. And i could go in dec vacation. Doubt:By the end of dec, i would have only 1 course left. applying then wud be full time student
1 ANSWER
You would not convert your L-2 visa. You would simply apply for an F-1 visa. Either option you have presented has risks. Your university has already provided guidance about the negative in applying for a student visa and that is administrative processing. You could find yourself waiting for months to have a student visa issued if your case is stuck in administrative processing. This can delay your studies. There are no real benefits to obtaining a visa now other than you would have the visa in your passport for future international travel. Administrative processing occurs when a visa decision cannot be made. There are a variety of reasons a visa application ends up in administrative processing from request for additional evidence to delays in the completion of security checks. An additional issue that may come up is immigrant intent if your spouse or parent is in the process of obtaining an immigrant visa through employment. An F-1 visa unlike an L-2 visa does not allow for dual intent.
Answered on May 23rd, 2016 at 2:31 PM