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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105582
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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For immigration lawyer with experience in converting B2 to

Customer Question

For immigration lawyer with experience in converting B2 to F1 student visaMy friend has a multiyear B2 visa, on which he has already visited the States twice.On his third visit, he wants to get accepted to college for a Associate Program (or Bachelor of Science Undergraduate Program -- depending on how much credits he will manage to transfer from his country [Philippines] College Diploma with a given American university college).Question is -- how does he apply for student visa while already being in the U.S.? --since his stay in B2 is only 6 month and to actually be admitted to American college and study, he needs to go in as an International Student.
So, how does it work when a prospective student is already in the U.S. on B2?
How the conversion take place?
We do know how it works from from the school perspective to apply for F1.
But what will matter that he applies while being in the U.S.? Is there an interview?
What are the most important criteria for approval -- since multi-entry B2 has been granted, so all "immigration intent" concerns have been answered, one would think. What's the decisive factor then at this point?And then, when he gets his F1 visa, does he relinquish his B2 visa or retains it? -- it's 10 year and, I think, on the 3rd year of its term.
He would likely be done with his studies and will need this B2 visa again for the same business travel purposes.Hope you will be able to answer all questions above in order.Thanks!
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

They need to have probably 4 or more months left in their 6 months stay as a visitor, they would file an I-539 to change their status and usually the Designated School Officers (DSO) will help with that for no charge. The change of status cannot be approved more than 30 days before the start of classes, so timing is crucial. There most likely will not be an interview.

The most important criteria are showing sufficient funds to pay for a year of schooling and room and board, and non-immigrant intent.

When he gets the F-1, he does not lose the B-2 visa, but he can only have one status in the U.S. at the same time.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 1 month ago.
Hi, Guillermo!
I didn't request you because you were boasting that you do not know student visas as you don't do business in that area, coz there's no money in this branch if immigration law.
So I thought maybe somebody else is practicing in this area.
But if you took the question, I would be more than happy to continue to have you as my personal immigration law consultant.
I have the the whole new project.
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Ok. I appreciate that. And what else would you like to know?

Customer: replied 1 month ago.
To this question though,
Pls explain what's the deal with timing
And why would non-immigrant intent
Customer: replied 1 month ago.
Is the center-issue for F-1 (which is likely over the mail) while multi-entry 10-year B2 on the 3rd year of validity is in place? Does it not take care of the "non-immigrant intent" issues implicitly?
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Because as I said, the person cannot be on F-1 student status more than 30 days before the start of classes. So the filing of the I-539 has to be timed right so that an approval will fall within that 30 day period and that the person's B-2 status will extend at least up to when the I-539 would be approved. And no, a person is always considered to be an intending immigrant until they can prove to the satisfaction of the government that they are not. It's like being guilty until you can prove your innocence. This is allowed in immigration law.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 1 month ago.
what one would be expected to send by mail with I-539 application as a proof of non-immigrant intent, while they are already in the country?
And beside for that, and the required documentation as per form instructions, what other key "evidence" must be submitted with this form.Particularly, will the U.S. Bank account on his name, opened and funded very recently, with required amount of funds for a year of tuition and living expenses, be a satisfactory prof of financial sufficiency? --WITHOUT SPECIFYING HOW THE ACCOUNT WAS FUNDED.(Presumably he funded it with money he raised from the unnamed U.S. friends, sponsors/investors of/in his entrepreneurial interests in Philippines, to development of which his education has relationship).
But does this statement NEED to be made as part of I-539?Can he state that he funded the account with his own money?Ultimately -- does he have to account for the source of money in his U.S. account?
(By law, this is responsibly falls on the of the bank [Anti- Money Laundering, Corruption, and Terrorism Financing Laws and Regulations for banks and financial institutions, part of which is a KYC provision -- "Know Your Client", which literally requires literally knowing (and independently researching, confirming, enriching, and regularly reverifying and updating) --if this is not possible to do, banks will not be able to offer services to a client-- what person is up to occupationally/source of income, residence, family/companionship, residences around the world, it's advised to customers that all cash deposits more than $9,999 are reported to Federal Reserve Board, and rather recommended to deposit checks or or payment instruments from the named sources, to avoid unnecessary scrutiny.
...Plus requirements in scope of AML for!documenting and retaining for 7 yrs (and often much longer) all electronic sources (address, including international) of any "wire"/EFT deposits (and for small cash-heavy operations, prone to money laundering, there are special integrated programs in conjunction with IRS and other agencies --beyond the scope of this conversation] just FYI.So this is very well controlled.
I can send him EFT to his Philippines Bank and he's gonna have this money on his card, or I can make a few deposits to U.S. bank, where he can deposit some other checks he raises here from his family and friends for his cause
AND
Any U.S. college and USCIS would much rather trust money in Bank of America than in Banco Philippines.But disclosing all the good peoples who chipped in for his tuition is impractical.
And I don't want to get involved and become a named sponsor, even not taking any responsibility. Before I get citizenship, I don't want to get mixed up in various shenanigans in USCIS papers.So -- you may want to reread the questions in the beginning.
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Unfortunately, he's going to have to show the source of the funds and that he has control or access to the funds. He will also have to show an unrelinquished domicile, basically a home to go back to in his home country. As I said, the school that is interested in charging the student tuition almost always helps the student without additional charge. I am currently doing one for a client that she chose a small English school that they don't do that, but most schools do help. That case is still pending, but she did provide proof of $20,000+ in a bank account, proof of the source of the money, proof that she has a home back home and that she has a job waiting for her back home that they would like her to train in English because it would help her perform her job.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 1 month ago.
I guess you are not telling me how long should we expect for I-539 to process for the person already in the U.S.
And I was also asking, what evidence of non-immigrant intent should be included with I-539 in a mailer?
(Not a letter saying "I promise, I promise to come back!", I suppose.)
Detailed employment reference?
He lives on the employer's premises (he works for a hotel management company which provides housing and he travels all the time and lives in hotels.
His family --
Mother and her family -- in the U.S.,
father and his family -- in the U.S.,
Either if them could petition for family reunion for him.
But he does not want it. He's invested in some tourist business in Philippines and enjoys deep tax breaks as a citizen and is perfectly content with a B2 visa situation.
What does he have more to show to prove his non-immigrant intent?
He's been in U.S. twice on the current passport and B2 visa and didn't overstay (nor ever before). He also been in UK on this passport, I believe, so this is also will help.Are there any other proofs of non-immigrant intent in this situation that you may suggest?(One would think that they keep a file on such people with these circumstances, that allowed them to issue B2, where they can refer gain the context for the visa case. Is this a realistic expectation?)
Customer: replied 1 month ago.
How is "proof of source of funds" looks?
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

I will opt out and let someone else respond that may have more experience. Sorry for the inconvenience.

Customer: replied 1 month ago.
Guillermo, please come back.
I will rate you.
Customer: replied 1 month ago.
You said the school almost always helps the student for no additional charge.
With what?

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