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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7324
Experience:  Experienced in all aspects of immigration and nationality law.
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I have american B1 visa. I came to USA before 10 days. During

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I have american B1 visa. I came to USA before 10 days. During these 10 days I enrolled 12th grade of high school here. They accepted all the subjects that I studied in my country and all my marks (everything was translated and notarized) and they didn't mention my visa. Now I am officially student of this american high school. I thought that I would be able to stay in USA for 5 months, go back home for Christmas holiday and return back after 10 days to finish second semester. When I got into the USA, customs official let me stay in the country for 6 months. So, I would leave the country before these 6 months expire. I think that when I try to get into USA in December, they won't let me because for them I am student of high school in my country and I have tourist visa. What should I do now? Should I return back home and apply for student visa or should I apply for change of status (tourist-student)? And would studying here with tourist visa be gambling?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Expert James replied 11 months ago.

Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Please remember that the law sometimes does not have a satisfactory solution for your issue; unfortunately, this is something I cannot control.

 

Why did you come to the US? What is the purpose of you being in the US? School?

 

Also, do you understand that I do not get credit for assisting you if you do not give a positive rating for my service? Like most people, we Experts do not like to work for free. (Please make sure you answer this question so I can explain how the Just Answer service works if necessary.)

 

Customer: replied 11 months ago.
Yes, school is purpose for being in USA.
Expert:  Expert James replied 11 months ago.
Aleksander,

Yes to what?
Customer: replied 11 months ago.
School is purpose for being in USA.

Where can I give you rating?
Expert:  Expert James replied 11 months ago.
Aleksander,

Ok, but I am trying to figure out if you understand that the only way I get credit for working with you is by giving me a positive rating. You will have the option to rate once you've received an answer, which is below. Again, please make sure you understand that I only get credit for assisting you when you rate me positively.

As far as your initial question, coming to the US using a visitor visa but intending to be a student is a violation of US immigration laws.

Because you are in the US for the purpose of studying at a US high school, you either need to apply for a change of status to student status, or you need to leave the US and get a F-1 visa stamp at the US consulate.

There is no way to guarantee whether the change of status will be approved. You need to be enrolled and you need an I-20, issued by the appropriate designated school official or the school district itself. note that you may be required to pay for your year of public school. That is determined by the school and the school district, not the USCIS.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 11 months ago.
And what about the rule that I mustn't be enrolled in school before getting status changed? If they find out that I am enrolled? Will I be deported back to Serbia?
Expert:  Expert James replied 11 months ago.
You have to show proof that you ARE enrolled in school before you are eligible for the F-1 change of status. If you aren't enrolled, the school can't issue the I-20 and you can't be eligible for F-1 status. So I don't see the issue with being enrolled.

If you mean that you are attending school, it is not against the rules to attend school while you are in the US on B1/B2, but if the PURPOSE of being in the US is to go to school, then you must be in F-1 status.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 11 months ago.
I need to ask only one thing... How long does it take to get F-1? Thank you.
Expert:  Expert James replied 11 months ago.
The change of status takes about 3 months. If you go to the US consulate to get the visa, it takes a few weeks.

Check out the visa processing times for your consulate here: http://travel.state.gov/visa/temp/wait/wait_4638.html. Go to the bottom of the page and find the consulate you will have to go to for the visa,if you choose to go that way.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7324
Experience: Experienced in all aspects of immigration and nationality law.
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