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  • Visitor visa to Student visa

    Hi,
    My brother is visting me on visitor visa. He has a six month visa and plans to stay with us till his visa is valid. I was wondering if within this time he can appear for TOEFL and GRE, apply for admission to a college, and finally apply for student visa?
    Is this illegal ?

    Thanks
    Dips647

  • #2
    He can not. Changes from B2 to F1 are restricted and the alien must ask the POE officer to endorse his I-94 as a "prospective student" otherwise the Change of Status will be denied.

    Your brother obtained a tourist visa, for tourist purposes. He needs to honor that and go back home after obtaining an I-20 and apply for an F1 visa. It should not be too hard since he was already granted a tourist visa and he is showing good faith by applying for it at home.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      He can transfer his status.

      Actually he can apply for a change of status. He does not necessarily have to declare his intentions at customs. My fiancé did the same thing- he did not plan on attending university, but once in the us (on a tourist visa) he was accepted and able to apply for change of status (it is currently pending). From what I understand from his visa officer, it happens often. I would contact local universities or community colleges and ask about their policies.
      -Tessa

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      • #4
        Originally posted by tessabp
        Actually he can apply for a change of status. He does not necessarily have to declare his intentions at customs. My fiancé did the same thing- he did not plan on attending university, but once in the us (on a tourist visa) he was accepted and able to apply for change of status (it is currently pending). From what I understand from his visa officer, it happens often. I would contact local universities or community colleges and ask about their policies.
        -Tessa
        I guess you know more than me...
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          Wow!

          What a wonderful way to cheat and defraud the US government!

          Amazing!

          Comment


          • #6
            You might get away with change of status, but you'll face it when you'll goto get the visa stamped

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            • #7
              Originally posted by tessabp
              From what I understand from his visa officer, it happens often.
              From the VO? Wow!

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                Originally posted by tessabp
                Actually he can apply for a change of status. He does not necessarily have to declare his intentions at customs. My fiancé did the same thing- he did not plan on attending university, but once in the us (on a tourist visa) he was accepted and able to apply for change of status (it is currently pending). From what I understand from his visa officer, it happens often. I would contact local universities or community colleges and ask about their policies.
                -Tessa

                The COS has not been approved; don't count your chickens yet. There may be a denial in his future.

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