More details to this question:
I currently have an F2 visa but the F1 associated has now expired. I have been admitted into a college. I wish to attend which would require a change to an F1. Through what avenues am I able do adjust my status to attend school.
6 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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You may be able to reinstate your status.
Answered on Jul 30th, 2012 at 3:29 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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How long ago did the F-1 expire? There is a 60 day grace period. You must be in status (which means the F-1 must be in status) to have the privilege of changing status in the U.S. If beyond the 60 days or the F-1 stopped going to school then you will need to return to your home country with the new I-20 to get back in status.
Answered on Jul 26th, 2012 at 2:00 PM
Thomas J. Rosser
Since your F-2 visa has now expired (hopefully, very recently) and you are still in the US, you will now be considered/classified by USCIS as an "Overstay" and will be required to consular process back in your home country for a new F-1 student visa in order to be able to return to the US to attend school rather than having been able to timely file for "change of status" prior to the expiration of your F-2.
Answered on Jul 25th, 2012 at 3:52 PM
When you say your visa is expired, do you mean the actual visa in your passport or your I-94? If it is the visa, it does not matter since the visa is only needed for entry to the US. Once you are in the US, your authorized period of stay is governed by the I-94 card. As long as it is not expired, you can change status to F-1 once you have the necessary paperwork (I-20, etc) from the school.
Answered on Jul 24th, 2012 at 1:21 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Generally, once you are out of status, you may not change or extend your status in the US. You may consider leaving the US and to apply for F-1 visa in your home country. Depending on the length of your overstay in the US and other?circumstances, you may have hard time in getting your F-1 visa.
Answered on Jul 23rd, 2012 at 11:52 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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To apply for a change of status, you normally must still be in status when the application is submitted. Unless you have received written notification that the F1 status has been terminated, you can submit the application and supporting documentation on form I-539.
Answered on Jul 20th, 2012 at 9:15 PM