QUESTION
I want to change my nonimmigrant status J-1 to F-1 without a waiver. USCIS instruction seems to say no, but that's not supported by INA 212(e)
Asked on May 29th, 2015 on Immigration - Texas
More details to this question:
Please advise. A J-1 high school exchange student subject to the 2-year home country residency requirement, which is attached to many J-1 visas, wants to change status to F-1 student. According to INA 212(e), J-1 visitors subject to the 2-year residency requirement are barred from changing to (H) and (L) nonimmigrant categories without first obtaining a waiver. However, the statute doesn't say anything about bars to changing to other non immigrant categories, like F-1. It only specifically mentions H and L. My problem is, the I-539 instructions say that J-1 visitors subject to the 2-year rule CANNOT change to any status except for nonimmigrant A,G,T or U visa. I can't understand why that's the case. Even the state department's website only mentions bars to the H and L categories. See below.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
I note your reading of the law and can only tell you that in our experience, U.S.C.I.S. may allow a change of status where an individual is not subject to the two-year foreign residence requirement, but will not allow such change of status where the applicant is subject.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 27th, 2015 at 6:35 AM