Change your visitor status to student visa, but beware

Q. I am in the United States with B-2 visitor status. I am hoping to study at the City University of New York. If CUNY accepts me, how do I change from visitor to student status? I am from Kosovo. I have submitted my transcript from there to CUNY and I hope to get my acceptance notice soon. Rexhep Myftari, New York A. You have two ways to get into F-1 international student status. You can try applying for a change of status while in the United States or you can leave and apply for an F-1 visa in Kosovo.

Most students would prefer getting their status changed here. To do that, you file U.S. Citizenship and Immigration Services form I-539, Application To Extend/Change Nonimmigrant Status with form I-20, Certificate of Eligibility for Nonimmigrant Student Status. You get that form from your school’s international student adviser. You can expect to wait two to five months for USCIS to decide your change of status request. Beware! Don’t start classes without getting USCIS approval. B-2 visitors violate their status if they start studies before USCIS grants them F-1 status. That’s true even if you filed before your B-2 status expired. For USCIS to approve the change of status, you will need to convince the agency that when you applied for your B-2 visa, you did not intend to study in the United States. Include with your application an explanation of how it was that you decided to study here after you got your visa.

If the timing doesn’t work or USCIS denies your change of status application, you can return home with form I-20 and apply for an F-1 visa at the U.S. consulate. Students are often afraid to apply for their student visa abroad, worried that the consul will deny their application and they’ll be stuck outside the U.S. But given that a consul trusted you enough to grant you a B-2, your chances of an F-1 visa are good.

Email to questions@allanwernick.com.