USCIS NEWS: B-1/B-2 Visitors

August 20, 2010 by Immigration Law Attorney Lena Korial-Yonan, Esq.

An USCIS news release dated August 19, 2010 indicates that B-1 and B-2 visitors are NOT allowed to enroll in school. In fact, the news release states that visitors here in the US on a B-1 or B-2 visitor visa will violate their status if they enroll in school.

Whether a visitor can enroll in classes is a question that many of my clients have asked me during the past 10 years, and now there is a definitive answer from USCIS that they are certainly not allowed to enroll in classes unless they obtain the proper visa for studying in the US before they actually enroll for classes.

Whether a visitor can enroll in classes is a question that many of my clients have asked me during the past 10 years, and now there is a definitive answer from USCIS that they are certainly not allowed to enroll in classes unless they obtain the proper visa for studying in the US before they actually enroll for classes.

For those wishing to enroll in school, USCIS advises that the proper way is for the individual to apply for a student visa (F-1 Visa) or a vocational visa (M-1 Visa). Individuals who enroll in school before their visa is changed to a student or vocational visa will no longer be eligible for a change of status or extension of status. The F-1 visa or the M-1 visa must be approved by USCIS before the individual can enroll in school.

If you want to change your status to a student visa, you must meet the following conditions:

• Your status must not yet be expired
• You must not have engaged in unauthorized employment while in the US
• You must not have yet enrolled in classes
• You must file form I-539 with the proper documents and proper filing fees, etc. to the correct location and with documentation from a school that qualifies for a student visa

If you do not meet all of the above conditions, then you can apply for a student visa through consular processing. For more information on consular processing, please go to U.S. Department of State Travel site.

For more information on the above contents of this article, you may call our office to speak with an experienced immigration lawyer.

Disclaimer:

The above information is not to be considered as legal advice and no part of this article can be copied or re-printed without express permission of its author. All contents are owned by Lena Korial-Yonan, P.A.