Ingo, gurus - pls help! B1->F1

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Old Jan 29th 2001, 3:39 pm
  #1  
annalog
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Hello everybody!

I am applying for a change of status from B1 to F1, and I am very scared INS will refuse
me... (I am from Russia). I have a multiple 3- year B1/B2 which I used twice before.

This time I came in September and in a few days went to study English part-time at a
community college. I am now accepted to a full-time ESL program which starts in February,
and need to change to F1.

Should I include the fact that I already studied ESL part-time in my application? Will it
help or will it hurt?

Thanks!
 
Old Jan 31st 2001, 5:55 am
  #2  
Ingo
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Mention it. It is technically a violation of your status, so you would only be eligible to
change by going to Russia and then applying for an F-1 visa at a consulate.

However, INS can excuse such things by simply approving your change to F-1 anyway - but
that only works if you disclose the "misdeed".

Also, keep in mind that the approval of a change to F-1 can take over a year. Don't worry,
while it's pending, you can already start your ESL program.

Ingo

P.S.: I assume you used a translator for your post? Otherwise, I'd say, why do you need an
ESL program - your English is excellent.

On Mon, 29 Jan 2001 16:39:08 GMT, [email protected] wrote:

>Hello everybody!
>
>I am applying for a change of status from B1 to F1, and I am very scared INS will refuse
>me... (I am from Russia). I have a multiple 3- year B1/B2 which I used twice before.
>
>This time I came in September and in a few days went to study English part-time at a
>community college. I am now accepted to a full-time ESL program which starts in February,
>and need to change to F1.
>
>Should I include the fact that I already studied ESL part-time in my application? Will it
>help or will it hurt?
>
>Thanks!

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 
Old Jan 31st 2001, 2:47 pm
  #3  
annalog
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Thank you for response.

I didn't know it was a violation! Are you certain it is? It was part- time (2 classes
in Continued Education for Adults), and the college told me I can take it with a
tourist visa!

And you are right, I am using help, my English is not that good...

In article <3a77b5fa.6030757@news>,
[email protected] wrote:
> Mention it. It is technically a violation of your status, so you would only be eligible
> to change by going to Russia and then applying for an F-1 visa at a consulate.
>
> However, INS can excuse such things by simply approving your change to F-1 anyway - but
> that only works if you disclose the "misdeed".
>
> Also, keep in mind that the approval of a change to F-1 can take over a year. Don't
> worry, while it's pending, you can already start your ESL program.
>
> Ingo
>
> P.S.: I assume you used a translator for your post? Otherwise, I'd say, why do you need
> an ESL program - your English is excellent.
 
Old Jan 31st 2001, 3:13 pm
  #4  
Siva
Guest
 
Posts: n/a
Default

I was in a similar situation several years ago when I originally came to the US. I went to
the consulate in Chennai (Madras) and showed them my transcripts, SAT and TOEFL scores and
admission letters from various institutions as proof of my ability to study in the US and
asked the consular officer if I could get a tourist visa for six months before I actually
enroll the following Spring. They gave me a B2 visa with a notation (written in pen) that
said "six month visit before enrolling". I came to the US on B2. I also studied a couple
of courses during the fall as a continuing education student and for the spring semester,
I enrolled as a full time student, got an I-20 and INS modified my I-94 with a notation in
the back saying "Change of Status to F1". It only took one month. I guess things have
changed now uh!!

-S

In article <[email protected]>, [email protected] wrote:
> Thank you for response.
>
> I didn't know it was a violation! Are you certain it is? It was part- time (2 classes
> in Continued Education for Adults), and the college told me I can take it with a
> tourist visa!
>
> And you are right, I am using help, my English is not that good...
>
> In article <3a77b5fa.6030757@news>,
> [email protected] wrote:
> > Mention it. It is technically a violation of your status, so you
would
> > only be eligible to change by going to Russia and then applying for
an
> > F-1 visa at a consulate.
> >
> > However, INS can excuse such things by simply approving your change
to
> > F-1 anyway - but that only works if you disclose the "misdeed".
> >
> > Also, keep in mind that the approval of a change to F-1 can take
over
> > a year. Don't worry, while it's pending, you can already start your ESL program.
> >
> > Ingo
> >
> > P.S.: I assume you used a translator for your post? Otherwise, I'd say, why do you
> > need an ESL program - your English is excellent.
> >
 
Old Feb 5th 2001, 5:42 am
  #5  
Ingo
Guest
 
Posts: n/a
Default

Unfortunately, yes, I'm sure. You can't study on a tourist visa. On the other hand, this
is one of the less-enforced laws, and there is a good chance - not a guarantee - nobody
will care about it now that the damage is done.

Ingo

On Wed, 31 Jan 2001 15:47:19 GMT, [email protected] wrote:

>Thank you for response.
>
>I didn't know it was a violation! Are you certain it is? It was part- time (2 classes
>in Continued Education for Adults), and the college told me I can take it with a
>tourist visa!
>
>And you are right, I am using help, my English is not that good...
>
> In article <3a77b5fa.6030757@news>,
> [email protected] wrote:
>> Mention it. It is technically a violation of your status, so you would only be eligible
>> to change by going to Russia and then applying for an F-1 visa at a consulate.
>>
>> However, INS can excuse such things by simply approving your change to F-1 anyway - but
>> that only works if you disclose the "misdeed".
>>
>> Also, keep in mind that the approval of a change to F-1 can take over a year. Don't
>> worry, while it's pending, you can already start your ESL program.
>>
>> Ingo
>>
>> P.S.: I assume you used a translator for your post? Otherwise, I'd say, why do you need
>> an ESL program - your English is excellent.
>>
>
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 

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