Change L-2 visa to F-1 visa

[zor]

Hi,
I’m French, living in the US since September 2021, under a non-immigrant L-2 visa, as a dependent of my father who has an L-1. I have been studying in a college since last year, as allowed with my L-2. However, beside studying, L2 does not allow to do much in the US, not even internships. So, in agreement with my parents, I am going to apply for an F-1 student visa. I already have the I-20 form from my college, and all the required documents. I am planning to fly back to France for the F-1 visa interview, and then come back in the US join my family again with my newly approved F-1. I know that usually F-1 visas process goes smooth assuming you meet all the requierements and have all documentation, but I have the following concern : when I will fly back to France for my F-1 interview at the US embassy, let’s imagine that my F-1 is not approved, for some reason, can I still come back to the US with my L-2 or is my L-2 not valid any more, and then I would be unable to come back to study in the US ? Thank you for your help . Zor

[newacct]

It depends on whether they cancel your existing visa when you apply for your new visa. If they don't cancel it, then you can still use the old visa.

Is there a reason why you can't do Change of Status inside the US? Is it because you want to start working at school ASAP and Change of Status takes too long? Or is it because you have some reason to go to France?

[zor]

Thanks for your reply. 1- COS will take longer. 2- if I go for a cos, I will have to apply for a visa anyway next time I leave the US and I want to re-enter- 3 - when my L-2 status ends in 08/2024, I will need a visa anyway since my father will en his L-1 visa.
you said « it depends if they cancel your existing visa when you apply for the new one « Is it likely to happen ?
I was told that I could apply for F-1 while still in US under L-2, but nothing about my current visa to be cancelled . Thank you !

[Libra_14]

you said « it depends if they cancel your existing visa when you apply for the new one « Is it likely to happen ?

For example if you are over age & not eligible to continue for L2, they can cancel it.
Or if they notice any suspicious criminal history associated with your profile, they can cancel all your existing visa.

I was told that I could apply for F-1 while still in US under L-2, but nothing about my current visa to be cancelled.

You can change your status from L2 to F1 within USA itself, USA doesn't issue any "visa", while you are inside USA. So if your COS is rejected for any reason you can still continue to stay in USA on your current L2 status.

[zor]

Thank you, yes I know about the cos process but this is not what we want. I still have more than 2 years to go until my L-2 status ends, and I did not commit any crime . So based on what you said, my L-2 « should not » be cancelled by USCIS when I will apply for my F-1 . I think I will start the application process.

[Libra_14]

Thank you, yes I know about the cos process but this is not what we want. I still have more than 2 years to go until my L-2 status ends, and I did not commit any crime . So based on what you said, my L-2 « should not » be cancelled by USCIS when I will apply for my F-1 . I think I will start the application process.

Just to be clear, by crime I meant, DUI, not paying fines, payment delays etc can also cause problem.