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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28482
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Our daughter is on an E2 Dependant visa and wants to change

Customer Question

Our daughter is on an E2 Dependant visa and wants to change to an F1. If she changes status in the US what happens if she needs to go overseas, does she have to re-apply in her home country? Would it be easier to make an application in her home country when she is back in the Summer. We are looking for the easiest and quickest method.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

If your daughter travel abroad after doing a change of status in the US she needs to have her I-20 endorsed for travel and then she has to file the DS-160 on the US Embassy website, pay the visa fee and attend an interview for the F-1 visa stamping.

Since she is in the US she can file for the COS from E2 dependent to F1 and may continue to attend school while the COS is pending.

It does take 3-5 months for approval so if she is intending on going abroad this summer she may as well wait and only pay the one fee for the F1 visa stamp rather than the filing fee for the I-539 which will be approved just about the time she intends to travel.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
Sounds good. Does she just apply for a new F1 visa overseas? As she would if she was starting fresh?
No special forms as she already has a valid E2 visa?
Expert:  Judith Ludwic replied 1 year ago.

She files a fresh DS-160 with the US Embassy because all visa applications require that, even if she were to renew the E2.

She must take with her the I-20 from the school and evidence she has paid the SEVIS fee online.

The school will instruct her on paying the SEVIS fee when they issue the I-20.

You may also refer to this ICE website on payment of the SEVIS fee

https://www.ice.gov/sevis/i901

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
Sorry for delayed reply. Can she go to Canada to get her F1 visa?
Expert:  Judith Ludwic replied 1 year ago.

Although Dept of State requires every Embassy or consulate to take all properly filed visa applications, generally consular officers do not like to make favorable visa issuance for third country nationals where it is necessary of them to determine intent to return.

Since she has been in the US on an E2 and her parents are also in the US, applying for the F1 requires her to prove intent to return. Applying in home country is helpful to the end because it shows ties to home country just by being there.

I would strongly recommend she apply in home country. She also should be prepared with her professional goals and plans upon completing her education back in her home country. She needs to have clear intent to return and by having plans to pursue her career in home country and being able to articulate that is critical.

In summary, Canada will accept the visa application but more likely than not will refuse and suggest application be made in home country where they are better able to determine compelling ties and intent to return.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation.

Judith