believer

Hi all,
I have a few questions, hope someone can answer. thanks.

If I'm already in the U.S on a valid VWP and now just want to apply for B1/B2 or even F1, can I just go for the interview? Or Should i be only able to apply for visa outside U.S (for example, in Canada) as the VWP is being used by me ?
Does the VWP make me illegible to apply for any visas IN the U.S?

I know VWP is non-extendable, non-changable, 30 days in North America continent.
Thanks.

tonrob

No - can't apply inside the U.S.

It's 90 days, not 30.

Ray

Yup! you can stay up to 90 days... you cannot change, adjust or amend that
apply for a visa at the US consulate when you return home.. the chance of a B-2 are really limited

Rete

The maximum length of stay on the VWP is 90 days. However, it comes down to the date of expiration stamped in your passport by the agent at the POE. It might be as little as a week or the length of your time between your entry and your return flight date.

ian-mstm

Think about what a visa actually is. It's a document that allows you to ask permission to enter the US. You are already in the US. That you are currently in the US on the VWP is irrelevant. You can not get a visa (any visa) while you are in the US. End of story. Full stop.

Ian

md95065

To be just a little bit pedantic about this.

Sure - you can apply for the visa while you are physically present in the US - and "just go for the interview" - but the "interview" will be at the US embassy in your country of residence and if you are currently in the US under the VWP then you had better leave before the 90 days for which you were admitted are up.

So, no, you can't adjust status from the VWP to anything else (except for "illegal immigrant") while you are in the US and you need to get whatever visa it is that you are eligible for outside of the US and re-enter the US using that visa.

fatbrit

You're seemingly trying to enter the States other than a tourist and making wild erroneous guesses about how to do this properly. It'll be more fruitful if you stated your purpose.

Octang Frye

Definitely more fruitful.

crg

http://www.gani.com/public/immigrati...s/fieldman.pdf

(c) Processing Procedures. Business visitors applying under this program are admitted "WB" and visitors for pleasure and transits are admitted "WT". Conditions for admission are specified in section 217 of the Act and 8
CFR part 217. All VWPP admissions are for 90 days unless the applicant's travel document is valid for a lesser period. Review the Form I-94W presented by the applicant to insure it is complete and legible, that all questions have been answered and that the form is signed. Inspection of the return ticket by the primary officer is not ordinarily required. Questioning to determine admissibility should be no different than for other B-1/B-2 visa
holders. Note the I-94 with WB or WT, as appropriate and the date to which admitted (90 days from the admission date). Stamp the passport with the admission stamp and admission class.

To the OP: I doubt they will issue you a tourist visa in Canada unless you have some sort of status there.

believer

thanks all. that's pretty clear about the VWP and the conditions.

I wonder if I'm in U.S on B1/B2 visa then it would be possible to apply for a work visa with employer sponsorship( H1, E3 or J1) in the U.S at all using Change of Status?

Ray

Possible ..but the actual visa is issued outside of the US ..only ...and if you are a Brit chances of getting a B-2 are quite slim

better to do it properly ..you dont do the applying... the company does

ian-mstm

If you do, you'll be landlocked. That is, you can't leave the US and return without first going to a US consulate overseas to get the actual visa in your passport - with no guarantee you'll actually get the visa.

So... I suppose it's possible. But, if you enter the US as a visitor with the intent to change your status and remain... well, that's where things get a bit dicey for you!

Ian

believer

thanks.
i would either choose VWP and a B1/B2 to enter the U.S but On the U.S government website, it says not to use VWP if you intend to change the status once in the U.S. It doesnt say you can't come to U.S on a B1/B2 purpose then later change to student or work status.

Well If the only way to get the visa is to show up at the interview with all the paperwork, and a U.S visa is never issued in the U.S land* ( not 100% sure if this is correct) then I would move to Canada for the interview of the work visa (considering the employer has filed sponsorship and everything)? In that case, as moving to Canada/leaving the U.S, I would already cease my B1/B2 status so Change of Status no longer is the case.

Has any of you had Change of Status yourself in the U.S and liked to share the experience?

Noorah101

It wouldn't be your choice which way to enter the USA as a visitor, anyway...it will be up to the ConOff who does your B visa interview to decide. If you are not of retirement age, and you qualify to use the VWP, you most likely will not get a B visa to begin with.

It's true. A visa to the USA can never be issued from inside the USA. If you think about it logically, a visa is a document that allows you to COME to the border of the USA and seek permission to enter. If you're already in the USA, you don't need a visa anymore. Visas are issued by US Embassies outside the USA. There are no US Embassies inside the USA.

You can only apply to change status from within the USA, you cannot apply for a visa from within the USA.

And how to you propose to move to Canada?? On what visa? You can't just enter Canada and live there without a proper visa to do so!

Why are you so against returning home to get the proper visa sorted out, once you know which visa path you get accepted for (either student or employment)?

Rene

crg

It appears that the OP decided to just immigrate to the US and figure out how to maintain some status after moving in. These applications are supposed to be done before moving in.

To butcher a quote from Mr. Miyagi: "Either do immigration yes, or do immigration no. If you do immigration so so, sooner or later "squish" just like grape."

As a side note, people could get certain visas within the US up until sometimes around 2003. Some visas can be obtained without departing the US, but that is limited to diplomats.