Imtiaz

Hi,

I am a prospective student and am currently in the US on B1/B2 visa (I
did declare when I entered the country that I may seek to change my
status and it was noted in my I-94.). Unfortunately, I didn't get
admission to the schools I was planning to and in order to get into that
school, I need to take some more college credits. I have got admission
to a community college and am considering the following options to
change my status from B2 to F1:
1. Going to Canada, since the classes start in 4-5 weeks, for getting a
F1 visa stamp and start attending classes. I was, however, warned that
getting a visa being a TCN has less chance and that visa official tend
not to issue visas for 2 year community colleges. Please advise if this
is a good option to pursue. My question is what if I'm refused, can I
re-enter the country with my existing B2 visa.
2. Applying for the visa from my home country. Does getting refused the
first time has any impact on reapplying for a visa?

Please advice.

Thanks a lot.

Jonathan McNeil Wong

Imtiaz wrote:
    > Hi,
    >
    > I am a prospective student and am currently in the US on B1/B2 visa (I
    > did declare when I entered the country that I may seek to change my
    > status and it was noted in my I-94.). Unfortunately, I didn't get
    > admission to the schools I was planning to and in order to get into that
    > school, I need to take some more college credits. I have got admission
    > to a community college and am considering the following options to
    > change my status from B2 to F1:
    > 1. Going to Canada, since the classes start in 4-5 weeks, for getting a
    > F1 visa stamp and start attending classes. I was, however, warned that
    > getting a visa being a TCN has less chance and that visa official tend
    > not to issue visas for 2 year community colleges. Please advise if this
    > is a good option to pursue. My question is what if I'm refused, can I
    > re-enter the country with my existing B2 visa.
    > 2. Applying for the visa from my home country. Does getting refused the
    > first time has any impact on reapplying for a visa?
    >
    > Please advice.
    >
    > Thanks a lot.
    >
    >
I don't see why a change of status to F-1 wouldn't work. Just because
you are changing status to a school other than the ones you were
investigating doesn't mean the COS won't be granted. Moreover, you did
disclose that you were a prospective student so preconceived intent
shouldn't be an issue.



--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
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Oakland, CA 94604-2979 E-mail: [email protected]
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Karlshammar

You could apply to the USCIS to adjust status to F-1. You do not need a visa to be an F-1 student, you only need the visa to enter the country. So, if you do adjust status inside the USA, you'd need to apply for an F-1 visa next time you leave the country.

As for consular officials not issuing visas for community colleges, that's news to me. I work in the International Department of a community college, and we get hundreds and hundreds of F-1 students every year.