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27-May-2002 08:09 PM |
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marmaduke |
Hi! I will be leaving USA shortly and plan to come back in Dec. Right now I have B2 visa but I want to come back and join a college here. There are few things I want to know.
1. Should I tell the INS officer that i am entering as prospective student? 2. Should I tell him that I am already admitted to a college and I have I-20? 3. Or should I tell him that I want to visit some colleges, meet with the faculty and then apply for admission and later for change of status 4. Will my past I-94 record matter? During one of my previous visits I stayed almost 6 months but never been out of status. 5. I have been in and out of USA 4 times. |
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29-May-2002 07:21 PM |
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Drifter |
The facts that you've been in and out of USA often. Your statement of visiting schools and counselors does not sound creditable. You shall consider apply a new F-1 visa overseas before entering USA again. |
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30-May-2002 12:13 AM |
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marmaduke |
One more thing, if i apply for F1 visa from my home country, what will happen to my B2 visa?
Secondly, i think taking chance with INS will be much better rather then with US consulate. i have this feeling that i should take a chance with INS. but yeah.. You are right, they will ask me why i never thought about joining a college in my previous visits, but i think this can be covered by a good story, but again; will INS be able to track my previous visits through their systems or just my last visit. Thanks again dude! Really appreciate it. |
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30-May-2002 12:34 AM |
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dinky |
How about going to colleges in other US territories, lets say... Guam, its a small island in Pacific Ocean, is INS there will be as smart as north american INS? how about going there, get into some college, change your status from B2 to F1 and later you can transfer to any american university. do u thnk its feasible? |
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30-May-2002 07:06 PM |
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Drifter |
Well, if you really are a good storyteller, you shall have a better chance with US consulate than INS. After all, you never violated your B-2 status granted by the consulate! But, you do want to prepare your documents well before visiting US consulate for F-1 visa petition. A well-written study plan and strong financial evidence are always helpful.
What will happen to your B-2? It entirely depends on your storytelling ability. INS at airport might not know the duration of each visit but does have records of all of your previous entries! For Dinky: Places that does not have many foreign student visits tends be riskier simply because INS at those airports usually lack of experience and knowledge with F-1 matter. I wouldnˇ¦t try it myself! |
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31-May-2002 12:25 AM |
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marmaduke |
Thank you from your comments drifter, I still believe that taking chance with INS might work, rather then US consulate back home. I was reading a fact sheet released by INS; you better have a look at that too.
And for Dinky! You have some active brain! How about writing me a nice story for INS Here is that fact sheet; please read and comment drifter 4/8/02 (Rev.) INS Proposes Significant Changes to Rules Governing Visitors and Students Millions of visitors are admitted to the United States each year under business visitor (B-1) and tourist (B-2) visas. To gain greater control over their presence, the Immigration and Naturalization Service (INS) is proposing several changes to the rules governing visitor admissions. Prohibition On Attending School Prior to Approval A new rule, which will be published separately as an interim rule, takes effect immediately upon publication, but will still allow for public comment. The rule prohibits non-immigrant visitors admitted under B-1 or B-2 visas from pursuing a course of study at a school in the United States prior to receiving INS approval of their request to change non-immigrant status to that of an F (academic) or M (vocational) student. To facilitate this process, INS has set a target processing time of 30 days for all requests to change or extend non-immigrant status, with all four Service Centers achieving that target within the next 60 days. Minimum Admission Period Eliminated The proposed rule will eliminate the current minimum six months admission period for B-2 visitors for pleasure, replacing it with "a period of time that is fair and reasonable for the completion of the purpose of the visit." When B visa holders apply for entry to the United States, they will be required to explain to an INS Immigration Inspector the nature and purpose of their visit so the Inspector can determine the appropriate length of stay. While INS Inspectors will make every effort to determine a fair and reasonable time period, the burden of proof rests with the alien. When the time needed to accomplish the purpose of the visit cannot be determined, INS will grant a 30-day period of admission. Changes to Standards for Extension of Stay The proposed rule will limit the conditions under which a B visitor can obtain an extension of stay, and will reduce the maximum extension period that can be granted. Persons in B status will be eligible to extend their stay in cases that have resulted from "unexpected or compelling humanitarian reasons," such as medical treatment or a delay in the conclusion of a business matter. The request using Form I-539 (Application to Extend/Change Nonimmigrant Status) must be properly filed on a timely basis and be non-frivolous, and the alien must prove there are adequate financial resources to continue to stay in the United States and that he or she is maintaining a residency abroad. The rule also reduces the maximum extension that can be granted from one year to six months. As nearly all visitors with legitimate business or tourism interests are able to complete their stay within a reasonable admission period, these changes should not adversely affect them. INS does recognize that some visitors, such as certain retirees who own vacation homes in the United States, may wish to remain for longer than six months. The proposed rules will allow extensions of stay in such cases. The proposed changes to admission and extension of stay are part of a strategy to improve national security and reduce the probability that an alien will establish permanent ties in the United States, and thus remain in the country illegally. New Requirements for Change of Status Individuals planning to attend school in the United States are expected to obtain the proper student visa prior to their admission to the United States. However, INS does recognize that some intending students will want to visit the United States first for bona fide visitor purposes, such as touring campuses or interviewing for admission. The proposed rule will establish new requirements for B non-immigrant visitor visa holders who wish to become students. Persons admitted under B non-immigrant visitor status will still be able to change their status to that of a student, but only if they stated their intent to study in the United States when they initially applied for admission and presented any I-20 forms they may have been issued. Inspectors will be required to note that the alien is a prospective student and make the proper notation on the alien's I-94 form (Arrival/Departure Record). This rule will impact only those students admitted in B status after the rule's effective date.Existing rules allowing the commencement of studies before a change of status is approved will continue to apply to those already in the United States in B non-immigrant visitor status, since they may have already started a course of study in reliance upon existing rules.- INS - |
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01-Jun-2002 12:50 AM |
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Drifter |
Marmaduke:
I believe it's too early to comment on any INS proposed reforms. I wish you good luck on whichever decision you made. Please do come back and let us know what happen to your little adventure. Your experience will definitely be helpful for a lot of students. Sincerely, Drifter |
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01-Jun-2002 09:42 PM |
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marmaduke |
I am leaving in about 4 days. I plan to stay home for about 5 or 6 months and then I am looking forward to come again, declare myself as a prospective student, enroll for spring semester and eventually apply for COS. I hope they don't make further changes in the law. Its already complicate enough! So guys!!! Wish me all the luck; I really need it ;) |
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15-Jun-2002 03:40 PM |
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Dinky |
People are changing their COS for ESL classes, so if u plan to attend full-time college, i think it will work. but u have to be fast, with all that admission process. best of luck! |
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