Legal Question in Immigration Law in California

B1 to F1

Hi!

I have a 10 year B1/B2 visa. I have been to usa 4-5 times before. Now i'm thinking of changing my status to F1.

is it a good idea to change the status while in USA or should i go back to my home country to get the f1 visa.

Thanks


Asked on 7/07/09, 5:57 pm

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: B1 to F1

If you decide(d) to change status after arrival in the U.S., there's no reason not to. Whether it looks like you made that decision before or after can be judged by tell tale signs of when certain events took place.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 7/07/09, 6:38 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: B1 to F1

Dear Inquirer:

You definitely do not want to file for a change of status to F-1 within 60 days of your admission, as such would implicate "preconceived intent" misrepresentation, which is a ground for denial. Depending on the reason you wish to attend school and the extent of your familial and business ties to your home country, there would be pros and cons to filing for COS vs. applying for a new F-1 visa outside the US. I would not file for anything without first discussing your options and these issues with a qualified immigration attorney.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

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Answered on 7/07/09, 7:32 pm


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