Summer break is almost over and the new school year is around the corner. If you are a non-U.S. citizen or permanent resident, unless you are a language student who plans to attend a short course for less than 18 hours per week, you need to obtain a F-1/M-1 status before you are allowed to attend a school in the U.S. A F-1/M-1 status may be obtained through consular processing by getting a visa or change of non-immigrant status in the U.S.
USCIS released a specific instruction titled "Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School" yesterday and the instruction is a good reminder of the above-said policy. If you are in the U.S. on a B-2 visitor visa, you must not enroll in a school until your change of status application to a F-1/M-1 student is approved by USCIS. Attending school while you are a visitor is not only a violation of your status but will also make you ineligible to change your status to a F or M status.
On the other hand, if a request to change from B-2 to F-1 status is made within 60 days of a B-2 entry, USCIS will assume that the visitor has a preconceived intent to come to the U.S. to study and the request would likely be denied, especially if the alien has obtained an I-20 before his/her entry as a B-2 visitor.
Therefore, if you want to study in the U.S., you must plan carefully so that you will not be caught off guard.
Disclaimer: Information included in this page does not constitute as legal advice and receipt of this page does not establish attorney-client relationship. For specific inquiries, please call my office and schedule an appointment.
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