Nonimmigrant related Frequently
Asked Questions
I came to the United States on a tourist
visa. Can I get a student visa?
This questions
basically refers to what is referred to as Change of Status
from the B-1 to the F-1 Category under the Immigration Laws.
According to Section 248.1 of the INA, any alien lawfully
admitted to the US as a nonimmigrant who continues to maintain
his nonimmigrant status may apply to have his status changed
to that of another nonimmigrant status. INA, Section 248.1(a).
The criteria for a change of nonimmigrant status are as follows:
a. File a timely application for change of nonimmigrant status,
b. Maintain current B-1 visitor status,
c. Has not otherwise violated his nonimmigrant status,
d. Is not subject to removal proceedings and
e. Continues to preserve his nonimmigrant intent
If an alien meets the above criteria, they
are eligible for change from B-1 to F-1 nonimmigrant
status according to INA Section 248.1(b),
and should file a Form I-539 along with the
necessary supporting documentation.
The alien must also not be a member of any of the ineligible
classes of INA Section 248.2. The ineligible aliens for a
change of nonimmigrant status are as follows:
a. An alien admitted for immediate transit purposes
b. An alien crewmember admitted to land temporarily in his
capacity as crewmember
c. An alien fiancé
d. An alien present in the US for the purposes of providing
information for a criminal investigation
or prosecution
e. An alien admitted as a nonimmigrant visitor without a visa
f. An alien subject to the two-year foreign residency requirement
and has not received a waiver for
that requirement
g. An alien who acquired nonimmigrant classification in order
to receive a graduate medical
education or training
If the alien is not a member of the above-enumerated classes
of non- immigrants, he or she is eligible to change status
from B-1 to F-1 categories.
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