Changing Gears: How to Change Your Visitor Visa to Students Visa in USA

byVerified User

So you’ve arrived in the US on a visitor visa, but the allure of academic opportunities has you wanting to extend your stay and delve into the world of American education. This is a perfectly reasonable shift in plans, but navigating the visa process can be tricky. Here’s a comprehensive guide to help you transition from visitor to student in the US:

Understanding Your Options:

There are two main paths you can consider:

  1. Change of Status (Within the US): This involves applying to US Citizenship and Immigration Services (USCIS) to switch your visitor visa (B-1/B-2) to a student visa (F-1) while you’re already in the US.
  2. Consular Processing (From Abroad): This route involves leaving the US and applying for an F-1 visa at a US Embassy or Consulate in your home country.

Change of Status (Recommended for some):

This option can be convenient, but it’s not guaranteed success. USCIS may scrutinize your application for evidence of “preconceived intent to study,” meaning they’ll check if you always planned to study despite entering on a visitor visa.

Here’s what strengthens your case for a change of status:

  • Genuine Change of Plans: Demonstrate a legitimate reason for the shift in plans, like discovering a program perfectly aligned with your career goals after arriving.
  • Valid Admission: Secure acceptance from a Student and Exchange Visitor Program (SEVP)-approved school in the US. This is crucial, as the school will issue you a Form I-20, a vital document for your application.
  • Financial Resources: Prove you have sufficient funds to cover tuition and living expenses throughout your studies. Bank statements or sponsor documents will be necessary.
  • Compliant Stay: Ensure your current visitor visa is valid and you haven’t violated any immigration terms.

Documents Required for Change of Status:

  • Completed Form I-539 (Application to Change Nonimmigrant Status)
  • Original Form I-94 (Arrival/Departure Record)
  • Valid passport
  • Form I-20 from your SEVP-approved school
  • Proof of financial support
  • Documentation supporting your change of plans (optional, but strengthens your case)

Consular Processing (Generally preferred):

This is often the safer route, especially if you don’t have a strong justification for the change of plans. Here’s the process:

  • Secure admission to a SEVP-approved school and obtain your Form I-20.
  • Schedule a visa interview at a US Embassy or Consulate in your home country.
  • Pay the visa application fee and SEVIS I-901 fee.
  • Prepare for your interview by gathering documents like your passport, transcripts, proof of financial support, and the Form I-20.

General Tips for Both Routes:

  • Consult an Immigration Attorney: Immigration laws can be complex. Consider consulting an attorney to assess your situation and guide you through the specific requirements.
  • Meet Deadlines: File your application or schedule your interview well before your visitor visa expires.
  • Gather Strong Documentation: The stronger your supporting documents, the better your chances of approval.
  • Be Truthful: Don’t fabricate reasons for your change of plans. Honesty is key.
  • Prepare for the Interview: Practice answering questions about your studies, finances, and future plans.

Important Considerations:

  • Processing times can vary, so plan well in advance.
  • There are fees associated with both application processes.
  • Changing your visa status doesn’t guarantee approval.

Conclusion:

Transitioning from visitor to student in the US requires careful planning and adherence to visa regulations. Weigh your options, gather the necessary documents, and seek professional guidance if needed. With the right preparation and a genuine desire to study, you can turn your US visit into a rewarding academic journey.