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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105632
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Our daughter is in the US with us on an E2 Investor visa and

Customer Question

Hi, our daughter is in the US with us on an E2 Investor visa and starts University in January. We want to change her visa to an F1. Can we do this in the USA? I know if you apply outside the USA you usually cannot arrive earlier than 30 days prior. So
of she is already here, is that not applicable?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Yes, she can change status inside of the U.S. to F-1, but you are also correct in that she cannot be in that status longer than 30 days before the start of classes. So to make sure that she doesn't have to leave the U.S., you should work closely with the Designated School Officer (DSO) to make sure that everything is filled correctly and at the correct time to ensure that the change of status from E-2 to F-1 will happen in the correct time frame. The DSO/School will usually do that process for free (you still have to pay the filing fee) because they are interested in collecting tuition.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 1 year ago.
Ok great. So maybe it's better to put her documents in to change status early Jan? She can start on her E2 if necessary? I assume there is no issue doing that? So to confirm, to change status she will not need to leave the US?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I can confirm that she would not need to leave the U.S. to change status from E-2 to F-1 if timed correctly. Again, I strongly recommend working closely with the DSO. They do such changes dozens or even hundreds of times per semester. They know how long it will take to do the change and can time it right. Don't waste time and go speak with them quickly. The reason this is important is because the E-2 is somewhat restricted. She is not allowed to pursue a full course of study on an E-2 like she could on an F-1. So if she started in January, she could not take a full course load while on E-2. So it is best to begin the change of status before January and hope that it gets approved in December. I cannot tell you exactly how long it will take, but that's why you need to speak to the DSO because they can tell you exactly how long it is taking..

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Customer: replied 1 year ago.
As per USCIS. As a dependent of an E2 Investor Visa she is able to study full time until she is 21. She just cannot work??? This is why we want to change her status. She is 18. Has something changed?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Take a look at this link:

http://www.ice.gov/doclib/sevis/pdf/Nonimmigrant%20Class%20Who%20Can%20Study.pdf

So I have to stand by my original answer. I don't want her to get into any trouble. There is no reason why she couldn't do a change of status to F-1 now without having to leave the U.S. But I repeat, don't waste time and speak to the DSO immediately to time this correctly.

Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Customer: replied 1 year ago.
Does post secondary for unmarried minors not mean College?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Yes, but is there any particular reason why you do not want to do the change of status now?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

And by now, I mean to have the change go into effect before classes start in January.

Customer: replied 1 year ago.
I want to ensure she gets in state tuition as we have lived here five years. She can get that on her E2, if she changes now to F1 they may class her as International and fees will double.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

The DSO can take care of all of that for you. How old is she?

Customer: replied 1 year ago.
She is 18.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. I did some more research. It seems that I found only one source that says that she cannot do a full course of study. All other sources say she can. Still, just to make sure, I hate to keep repeating myself, but speak to the DSO. They can make sure that she gets the proper tuition, but her immigration status between E-2 and F-1 should not make a difference in regards ***** *****

Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.